Deposited with Clerk of the Legislative Assembly on December 16, 2015

76470131/15001_00d/tlc15001_t

E4tlc15001r

Purposes and

Interpretation

Purposes of this Act

The purposes of this Act are

to provide a legal framework and foundation for the establishment and continuation of local governments to represent the interests and respond to the needs of their communities,

to provide local governments with the powers, duties and functions necessary for fulfilling their purposes, and

to provide local governments with the flexibility to respond to the different needs and changing circumstances of their communities.

Definitions and other

interpretation rules

The

Schedule to this Act establishes

definitions for terms used in this Act and rules of

interpretation that apply in relation to this Act.

Incorporation of Municipalities and Regional Districts

Municipal Incorporation Process

Incorporation of new municipality

On the recommendation of the minister under subsection (2), the Lieutenant Governor in Council may, by letters patent, incorporate the residents of an area into a new municipality.

The minister may recommend incorporation of a new municipality to the Lieutenant Governor in Council as follows:

in the case of an area, other than an area referred to in paragraph (c), for which a vote was taken under

section 4 (4) (a), if more than 50% of the votes counted as valid favour the proposed incorporation;

in the case of an area, other than an area referred to in paragraph (c), for which a vote was taken under

section 4 (4) (b), if

more than 50% of the votes counted as valid favour a change in local government, and

more than 50% of the votes counted as valid favour the proposed incorporation if a change in local government were made;

in the case of an area to which

section 279 [no forced amalgamations] of the Community Charter applies, if the requirements of that

section have been met.

If an existing municipality is located inside a new municipality incorporated under subsection (1), the Lieutenant Governor in Council must, by order, dissolve the existing municipality by revoking its letters patent.

Vote required for incorporation of new municipality

The minister must not recommend the incorporation of a new municipality to the Lieutenant Governor in Council unless a vote of the persons proposed to be incorporated has been taken under this section.

In any of the following circumstances, the minister may direct that a vote be taken of persons in an area specified by the minister respecting the proposed incorporation of those persons into a new municipality:

on the request of the council of a municipality all or part of which is in the area;

on the request of the board of trustees of an improvement district all or part of which is in the area;

on the request of 2 or more residents of any part of the area that is not in a municipality;

on the minister's own initiative, if the minister is of the opinion that those persons should, in the public interest,

be incorporated into a new municipality, or

either be incorporated into a new municipality or be included in an existing municipality.

section 279 [no forced amalgamations] of the Community Charter applies, the vote under this

section must be conducted separately in each of the existing municipalities.

A vote under this

section must determine the opinion of the eligible voters

as to whether they favour the proposed new incorporation, or

as to

whether they favour a change in local government for the area, either by the proposed new incorporation or by inclusion in a specified existing municipality, and

if a change in local government were made, whether they would favour the proposed new incorporation or inclusion in a specified existing municipality.

A vote under subsection (4) (

b) must be by 2 questions as follows:

the first question must ask whether the voter favours a change in local government for the area, either by the proposed new incorporation or by inclusion in a specified existing municipality;

the second question must ask whether the voter favours, if a change in local government were made, the proposed new incorporation or inclusion in the specified existing municipality.

As an exception to the requirement that the question to be voted on be in a form that a voter may indicate assent or dissent, a question under subsection (5) (

b) must be in a form that a voter may indicate a preference.

As a limit on the authority of the minister under this section, a vote under this

section must not be held in a local community established under

section 243 [local community commissions] until 5 years after the later of the following:

the date that the local community was established;

the date that the most recent vote under this

section was taken in the local community.

Procedure and costs for vote on incorporation

Part 4 [Assent Voting] applies to a vote under Divisions 1 to 5 of this Part so far as reasonably possible and, for these purposes, the minister may make orders in relation to any matters dealt with under

Part 4 or under the Local Elections Campaign Financing Act as it applies in relation to that Part.

The costs of a vote referred to in subsection (1) must be paid as follows:

if a municipality is incorporated under

section 3 [incorporation of new municipality] following the vote, the costs of the vote are to be paid by the new municipality;

if a new municipality is not incorporated and the vote was requested under

section 4 (2) (

a) by an existing municipality, the costs of the vote are to be paid by that municipality;

in other cases, the costs of the vote are to be paid by the Minister of Finance out of the consolidated revenue fund.

Incorporation of island municipality in Islands Trust area

As an exception to

section 10 (1) [classification of municipalities] , if the area for a new municipality is entirely within the trust area under the Islands Trust Act , the municipality must be incorporated as an island municipality under the name of the "Island Municipality of ..........." or the "............. Island Municipality".

An island municipality has all the powers and duties of a district municipality, and is subject to all the requirements and limitations of a district municipality, as these are established under this or any other Act.

Incorporation of municipality in conjunction with resource development

The Lieutenant Governor in Council may, by letters patent, incorporate the residents of a rural area into a municipality without holding a vote under this Division if the Lieutenant Governor in Council is of the opinion that it is in the public interest to establish the municipality in conjunction with the development of a natural resource.

The council of a municipality incorporated under this

section may provide housing for employees of the municipality and may incur liabilities for it, subject to the limit that an obligation incurred for this purpose must not have a term of more than 5 years.

If a municipality is established under this section, the Surveyor General must,

as soon as practicable, establish sufficient coordinate control monuments to enable the area, or a portion of it, to be constituted as an integrated survey area under the Land Survey Act , and

on completion of the required survey, constitute the area or portion as an integrated survey area under the Land Survey Act .

After the survey required by subsection (3), the municipality is responsible for the protection and maintenance of the coordinate control monuments.

Incorporation of mountain resort municipality

If a vote under

section 4 [vote required for incorporation of new municipality] is in favour of incorporation, the minister may recommend to the Lieutenant Governor in Council incorporation of a municipality as a mountain resort municipality.

The minister may not recommend incorporation of a mountain resort municipality under subsection (1) unless the minister is satisfied that

alpine ski lift operations, year-round recreational facilities and commercial overnight accommodation are offered within the area of the proposed municipality, or

a person has entered into an agreement with the government with respect to developing alpine ski lift operations, year-round recreational facilities and commercial overnight accommodation within the area of the proposed municipality.

Despite

section 4, in the case of an area that is a mountain resort improvement district, the minister may recommend incorporation of a new mountain resort municipality to the Lieutenant Governor in Council, in accordance with the letters patent for the improvement district.

On the recommendation of the minister under subsection (1) or (3), the Lieutenant Governor in Council may, by letters patent, incorporate the residents of an area into a mountain resort municipality.

5) to (7

[Repealed 2021-30-15.]

Section 10 [classification of municipalities] applies with respect to the incorporation of a mountain resort municipality under this section.

Incorporation of reserve residents as village

On the recommendation of the minister, in order to implement an agreement between the Lieutenant Governor in Council and a band council with the approval of the Governor in Council, the Lieutenant Governor in Council may, by letters patent, incorporate as a village the residents of an area of land inside a reserve as defined in the Indian Act (Canada).

Letters patent under this

section may not be issued until

the agreement of the Governor in Council and the band council is obtained,

the question of incorporation has been submitted to those members of the Indian band who are entitled to vote at the election of the band council, and

more than 50% of those entitled to vote have voted and, of those voting, more than 60% have voted in the affirmative.

Classification of Municipalities

Classification of municipalities

A municipality must be incorporated as follows:

as a village, if the population is not greater than 2 500;

as a town, if the population is greater than 2 500 but not greater than 5 000;

as a city, if the population is greater than 5 000;

despite paragraphs (

a) to (c), as a district municipality, if the area to be incorporated is greater than 800 hectares and has an average population density of less than 5 persons per hectare.

For the purpose of calculating the average population density, land continually covered by water must not be taken into account.

Despite subsection (1), if the Lieutenant Governor in Council considers it to be in the public interest to do so, a municipality may be incorporated in another classification provided for in this Act.

Change of municipal classification

On request of the council, the Lieutenant Governor in Council may, by letters patent, change the classification of the municipality in accordance with

section 10 (1).

On request of the council, the Lieutenant Governor in Council may, by letters patent, change the classification of the municipality to another classification provided for in this Act, if the Lieutenant Governor in Council considers it to be in the public interest to do so.

A council may make a request under subsection (1) or (2) only after it has obtained the approval of the electors in relation to the proposed change in classification.

If the minister is satisfied that, since the last census, the population of a municipality has changed sufficiently to allow a change of classification, the minister may determine what the population of the municipality is deemed to be for the purposes of determining its classification.

Municipal Boundary Changes

Extension of municipal area

On the recommendation of the minister, the Lieutenant Governor in Council may, by letters patent, extend the area of a municipality to include land not in a municipality.

Before the minister makes a recommendation referred to in subsection (1),

the minister must

notify the council of the proposed recommendation, or

have received from the council a request for the extension,

the council must give public notice of the proposed extension once in the Gazette, and

the council must obtain the approval of the electors of the municipality in relation to the proposed extension.

The minister may direct that a vote on the question of including an area in a municipality under this

section be taken in that area in the form specified by the minister and, for these purposes,

section 5 [procedure and costs for vote on incorporation] applies.

Letters patent under this

section may specify that, for the purpose of preparing, completing, returning, confirming and authenticating the assessment roll of land and improvements in the extended municipality, the land and improvements included by the extension are deemed, for a specified period before or after the extension, or both, to be included in or excluded from the municipality.

Reduction of municipal area

On the request of the council made in accordance with this section, the Lieutenant Governor in Council may, by letters patent, reduce the area of a municipality.

Before making a request for reduction, a council must

give public notice of its proposed request in accordance with

section 94 [requirements for public notice] of the Community Charter and once in the Gazette,

obtain the consent in writing of at least 60% of the electors of the area proposed to be excluded, and

receive the assent of the electors, unless this requirement is waived under subsection (4).

A request for reduction must include the following:

a description of the area proposed to be excluded;

a description of the municipality's new boundaries;

a reasonable estimate of the number of electors in the area to be excluded;

a signed statement, of the designated municipal officer, verifying that the required public notice has been given;

the name, address, signature of consent and date of signature of at least 60% of the electors of the area proposed to be excluded;

a signed statement, of the designated municipal officer, verifying the number of electors entitled to sign under paragraph (e);

a signed statement, of one or more persons, verifying the authenticity of the electors' signatures under paragraph (e);

the result of the vote required by subsection (2) (c), unless this requirement is waived under subsection (4);

the assessed value for municipal purposes of the taxable land and improvements in the proposed reduced municipality;

evidence satisfactory to the Lieutenant Governor in Council that all creditors of the municipality consent to the proposed reduction or that provision has been made to discharge the debt owing to the creditors whose consent is not obtained;

a signed statement of the mayor, jointly with the corporate officer and the financial officer, showing the existing liabilities of the municipality and any other information the Lieutenant Governor in Council may require;

other matters that the Lieutenant Governor in Council may prescribe by regulation.

The minister may waive the requirements of subsections (2) (

c) and (3) (h).

The Lieutenant Governor in Council may, by letters patent, reduce the area of a municipality without a request from the council if the area excluded is included in a municipality incorporated under

section 9 [incorporation of reserve residents as village] .

When an area is excluded from a municipality under this section, the excluded area becomes a rural area.

Reduction of municipal area in relation to final agreement respecting treaty lands

Despite

section 13, if municipal boundaries are affected by a final agreement, the Lieutenant Governor in Council, by letters patent, may reduce the area of the municipality.

If under a final agreement, on a specified date or on the occurrence of a specified event, land within a municipality becomes treaty lands of a treaty first nation or is otherwise excluded from the municipality and letters patent have not been issued under subsection (1) in respect of that municipality, the letters patent for the municipality are deemed amended as contemplated by the final agreement.

Redefinition of adjoining municipalities

After receiving a request from the council of each of 2 adjoining municipalities, the Lieutenant Governor in Council may, by letters patent, reduce the area of one municipality and extend the area of the other by the area withdrawn.

Section 12 [extension of municipal area] applies to the municipality whose area is extended and

section 13 [reduction of municipal area] applies to the municipality whose area is reduced.

Other redefinition of boundaries

The Lieutenant Governor in Council may, by letters patent, redefine or alter the boundaries of a municipality if it appears to the satisfaction of the Lieutenant Governor in Council that any of the following circumstances apply:

the boundaries are uncertain;

the boundaries do not follow legal property boundaries;

the boundaries do not conform to those of an adjacent municipality;

the whole or part of a highway on or adjacent to the boundary should be included or excluded;

the whole or part of adjoining foreshore and any area below low water mark should be included or excluded;

the whole or part of the adjoining foreshore along a river, stream or lake, or the foreshore and land covered by water, should be included or excluded;

land adjacent to and owned by the municipality should be included.

Before exercising the powers of subsection (1), the Lieutenant Governor in Council may direct that a notice of intention to redefine or alter the boundaries of a municipality be given at municipal expense once in the Gazette and in accordance with

section 94 [requirements for public notice] of the Community Charter .

Specific Powers in Relation to Municipal Letters Patent

What must be included in letters patent incorporating a municipality

Letters patent incorporating a municipality must specify the municipality's name, boundaries, area and classification.

First election for municipality

Letters patent incorporating a municipality may do one or more of the following:

set the general voting day for the first election or authorize a person to do this;

appoint the chief election officer and deputy chief election officer for the first election or authorize a person or body to do this;

apply to the first election for the municipality all or part of one or more of the following bylaws of another local government:

a bylaw under

Part 3 [Electors and Elections] ;

a bylaw under

section 330 [regulation of signs and advertising] ;

iii

a bylaw under

section 8 (4) [fundamental powers — signs and advertising] of the Community Charter ;

make, to a bylaw applied under paragraph (c), any modifications the Lieutenant Governor in Council considers necessary or advisable in order to apply the bylaw to the first election for the municipality.

The general voting day set under subsection (1) (

a) must be on a Saturday, and

may be before the date the municipality is incorporated.

If the general voting day set under subsection (1) (

a) is before the date the municipality is incorporated,

Part 3 applies, subject to the letters patent, as if the municipality were incorporated.

First council and neighbourhood constituencies

Letters patent incorporating a municipality may do one or more of the following:

set the terms of office for first council members, if these are to be different from the terms otherwise established by the Community Charter ;

appoint or provide for the appointment of an interim council, which must consist of a mayor and an even number of councillors;

if the letters patent appoint or provide for the appointment of an interim council, despite

section 53 (1) to (4) [bylaw providing for neighbourhood constituencies] , provide that all or some of the councillors be appointed on a neighbourhood constituency basis until the next general local election;

despite

section 53 (1) to (4), provide that all or some of the councillors be elected on a neighbourhood constituency basis until the general local election specified in the letters patent;

for the purposes of paragraph (

c) or (d), establish the areas that are to be neighbourhood constituencies for the municipality;

for the purposes of paragraph (d), make provisions the Lieutenant Governor in Council considers appropriate for an election on the basis of neighbourhood constituencies for the municipality.

Section 118 (3) [size of council] of the Community Charter does not apply to an interim council.

First regular council meeting

Letters patent incorporating a municipality may do one or more of the following:

despite

section 125 (1) [council meetings] of the Community Charter , set the date for the first regular council meeting and authorize a person to set the time and place for that meeting;

require the council to adopt a procedure bylaw at the first regular council meeting;

require the council to adopt a financial plan at the first regular council meeting;

if a requirement is imposed under paragraph (c), require a person to prepare a proposed financial plan for the first regular council meeting;

if a requirement is imposed under paragraph (c), establish, for the financial plan to be adopted at the first regular council meeting, a planning period that is different than the planning period established by

section 165 (3) [planning period for financial plan] of the Community Charter ;

if a requirement is imposed under paragraph (c), provide that

section 166 [public process for development of financial plan] of the Community Charter does not apply in respect of the proposed financial plan that the council must adopt at the first regular council meeting.

Section 135 (3) [requirements for passing bylaws] of the Community Charter does not apply to a procedure bylaw or a bylaw adopting a financial plan that the council is required to adopt at the first regular council meeting following the incorporation of the municipality.

Section 165 (3.1) [objectives and policies set out in financial plan] of the Community Charter does not apply to the financial plan that the council is required to adopt at the first regular council meeting following the incorporation of the municipality.

Letters patent incorporating a municipality: other general powers

Letters patent incorporating a municipality may do one or more of the following:

set the amount of money which may be borrowed for the municipality's current expenditure in its first year and, if considered expedient, for the next year;

set dates which may be observed initially, and once only, in place of statutory dates;

provide that, for the purpose of preparing, completing, returning, confirming and authenticating the assessment roll of land and improvements in the municipality, the land and improvements are deemed, for a specified period before or following incorporation, or both, to be included in or excluded from the municipality.

Additional powers where former municipality dissolved when new municipality incorporated

In this section:

dissolved municipality means a municipality dissolved on the incorporation of a new municipality;

new municipality means the municipality incorporated by the letters patent referred to in subsection (2).

Letters patent incorporating a municipality may do one or more of the following:

transfer to and vest in the new municipality any of the dissolved municipality's rights, property and assets;

transfer to and declare as assumed by the new municipality any of the dissolved municipality's obligations;

continue in force any bylaws or resolutions of the dissolved municipality as bylaws or resolutions of the new municipality applicable to the area of the new municipality to which they applied as bylaws or resolutions of the dissolved municipality until those bylaws or resolutions are amended or repealed by the council of the new municipality;

require the council of the new municipality to amend or repeal by a specified date a bylaw or resolution continued under paragraph (c);

deem a reference to the dissolved municipality in any commercial paper, lease, licence, permit or other contract, instrument or document to be a reference to the new municipality.

Letters patent for island municipality: additional powers

Letters patent incorporating an island municipality under

section 6 [incorporation of island municipality in Islands Trust area] may do one or more of the following:

vary the term of office for a municipal trustee on the trust council from that established by

section 7 of the Islands Trust Act ;

establish the process that the council of an island municipality must follow in selecting and appointing municipal trustees to the trust council under

section 7 of the Islands Trust Act ;

establish the process that the council of an island municipality must follow in submitting bylaws for approval under

section 38 of the Islands Trust Act ;

transfer to and vest in the island municipality any rights, property or assets of the local trust committee or trust council;

transfer to and declare as assumed by the island municipality any obligations of the local trust committee or trust council;

continue in force any bylaws or resolutions of the trust council as bylaws or resolutions of the island municipality applicable to the area of the island municipality to which they applied as bylaws or resolutions of the trust council until those bylaws or resolutions are amended or repealed by the council of the island municipality;

continue in force any resolutions of the local trust committee as resolutions of the island municipality applicable to the area of the island municipality to which they applied as resolutions of the local trust committee until those resolutions are amended or repealed by the council of the island municipality;

require the council of the island municipality to amend or repeal by a specified date

a resolution continued under paragraph (

f) or (g),

a bylaw continued under paragraph (f), or

iii

a bylaw continued under

section 34 (2) [bylaws extend to additional area] ;

deem a reference to the local trust committee or trust council in any commercial paper, lease, licence, permit or other contract, instrument or document to be a reference to the island municipality.

Letters patent for resource development municipality: additional powers

Letters patent incorporating a municipality under

section 7 [incorporation of municipality in conjunction with resource development] may

include exceptions from statutory provisions,

specify the effective period or time for an exception, and

provide for restriction, modification or cancellation by the Lieutenant Governor in Council of an exception or its effective period.

On the recommendation of the minister, the Lieutenant Governor in Council may, by letters patent, provide for further exceptions and conditions for a municipality incorporated under

section 7.

Letters patent for mountain resort municipality: additional powers

Letters patent incorporating a mountain resort municipality under

section 8 [incorporation of mountain resort municipality] may do one or more of the following:

provide that

section 211 (1) (

a) to (c) [requirements for establishing a local area service] of the Community Charter does not apply, but that the inspector may direct that the approval of the electors or the assent of the electors be obtained in relation to the proposed bylaw;

provide

for the appointment by the minister of one councillor to the municipal council, despite sections 52, 53 and 54 (1) (

a) and (

c) to (e) [local government election rules] ,

for the minister to make orders relating to any other matters respecting the appointment of the councillor, including, without limitation, providing an exception to or modification of a requirement or condition established by this Act or the regulations,

iii

that the municipal council or the municipal corporate officer must promptly inform the minister if the councillor appointed by the minister resigns the councillor's office, and

that

section 118 (3) and (6) [size of council] of the Community Charter does not apply;

despite any provision in

Part 14 [Planning and Land Use Management] ,

require the municipality to adopt an official community plan for the municipality within a specified period,

require that an official community plan may be adopted, amended or repealed only with the approval of the minister, and

iii

require that all bylaws that may be adopted, amended or repealed under that Part may be adopted, amended or repealed only with the approval of the minister until the municipality has adopted an official community plan;

provide that Division 19 [Development Costs Recovery] of

Part 14 applies to the municipality as if the municipality were in a resort region;

d.1

provide that Division 19.1 [Amenity Costs Recovery] of

Part 14 applies to the municipality;

provide that sections 488 (1) (i) [development permit area — objectives for the form and character] and 491 (7) [development permits: specific authorities] apply to the municipality as if the municipality were in a resort region;

require the municipality to

do one of the following:

establish, with the approval of the inspector, a resort advisory committee to provide advice and make recommendations to the municipal council;

designate, with the approval of the inspector, an entity as the resort advisory committee to provide advice and make recommendations to the municipal council, and

consult with the resort advisory committee on matters specified in the letters patent.

2) to (4

[Repealed 2021-30-18.]

Letters patent for reserve village: additional powers

Letters patent incorporating a village under

section 9 (1) [incorporation of reserve residents as village] may

include exceptions from statutory provisions,

specify the effective period or time for an exception, and

provide for restriction, modification or cancellation by the Lieutenant Governor in Council of an exception or its effective period.

The letters patent or agreement referred to in

section 9 (1) may exempt the municipality or owners or residents from a provision of this or another Act and may include a provision considered desirable whether or not it is consistent with any Act.

Authority for variation of proposed boundaries

In letters patent, the Lieutenant Governor in Council may vary the boundaries of a municipality or proposed municipality from those set out in the applicable request under this Part or from those specified by the minister,

to make them regular or conform with the boundaries of neighbouring municipalities, or

to exclude or include an area.

Appointment of additional councillors if boundary extended

Letters patent extending the area of a municipality may do one or more of the following:

provide for the election or appointment of an even number of additional councillors for the municipality until the general local election specified in the letters patent;

despite

section 53 (1) to (4) [bylaw providing for neighbourhood constituencies] , provide that the additional councillors be elected or appointed on a neighbourhood constituency basis until the general local election specified in the letters patent;

for the purposes of paragraph (b), establish the areas that are to be neighbourhood constituencies for the municipality until the general local election specified in the letters patent;

for the purposes of paragraph (b), make provisions the Lieutenant Governor in Council considers appropriate for an election on the basis of neighbourhood constituencies for the municipality.

If letters patent under this

section are issued for a municipality,

section 118 (3) [size of council] of the Community Charter ceases to apply in relation to the council until January 1 in the year of the general local election specified in the letters patent.

Establishment of property tax rate limits

Letters patent incorporating a municipality or extending the area of a municipality may do the following:

designate an area that is,

in the case of an incorporation of a municipality, all or part of the municipality, or

in the case of an extension of the area of a municipality, all or part of the area that forms the extension of the municipality;

establish a limit on the tax rate under

section 197 (1) (a) [municipal property taxes] of the Community Charter that may be established for a property class by an annual property tax bylaw and imposed on land and improvements in the area designated under paragraph (

a) of this subsection.

A tax rate limit established under subsection (1) (

b) may be established by doing one or more of the following:

specifying a limit on the tax rate;

specifying a limit on the relationship between tax rates;

establishing formulas for calculating the limit referred to in paragraph (

a) of this subsection or the limit on the relationship referred to in paragraph (

b) of this subsection;

adopting as the tax rate limit a tax rate set by another authority having taxing powers in respect of land or land and improvements.

Different tax rate limits may be established under subsection (1) (

b) for different taxation years.

Section 197 (3) [establishment of tax rates] of the Community Charter does not apply in relation to the tax rate

applicable to an area designated under subsection (1) (

a) of this section, and

established for a property class in accordance with a limit established under subsection (1) (

b) of this section.

If there is a conflict between a tax rate limit established under subsection (1) (

b) and a regulation under

section 199 [property tax rates regulations] of the Community Charter , the regulation prevails.

If a tax rate limit is established under subsection (1) (

b) for property class 1 or 6, the Lieutenant Governor in Council must, by letters patent, specify the time period during which the tax rate limit applies.

The time period specified under subsection (6) may not be more than 20 taxation years.

Municipal revenue sharing

Letters patent incorporating a municipality or extending the area of a municipality may do one or more of the following:

for the purposes of paragraph (b), designate one or more of the following:

a revenue source of the municipality;

property in the municipality;

iii

an area that is all or part of the municipality;

require the municipality to share revenue with another municipality or with a regional district

from a designated revenue source, or

from a designated revenue source and from the designated property or designated area;

establish ratios or formulas for calculating the amount of revenue to be shared or designate the amount of revenue to be shared;

specify the period for which the revenue is to be shared.

Establishment of local area service

Letters patent incorporating a municipality or extending the area of a municipality may provide for the establishment of a local area service by

describing the service, and

defining the boundaries of the area for the service.

In addition, letters patent under subsection (1) may do one or both of the following:

require the council of the municipality, by a specified date, to

establish a reserve fund for a specified purpose for the local area service, and

credit an amount of money to the reserve fund in respect of money transferred to the municipality from a reserve fund of a regional district, improvement district or another municipality established for a similar purpose;

specify a date for the purposes of subsection (6).

If letters patent provide for the establishment of a local area service, the council of the municipality must adopt a bylaw to establish the local area service.

The bylaw establishing the local area service must

subject to subsection (5), meet the requirements of Division 5 [Local Service Taxes] of

Part 7 of the Community Charter , and

be consistent with the letters patent.

Sections 210 (2) [services that may be provided as local area services] and 211 (1) [requirement to adopt local area service bylaw] of the Community Charter do not apply to the initial adoption of a bylaw under subsection (3) of this section.

A bylaw under subsection (3) must be adopted on or before the date specified under subsection (2) (

b) or, if no date is specified, within a reasonable period after the letters patent come into effect.

If no date is specified under subsection (2) (b), the Lieutenant Governor in Council may, by order, specify a date and, if this is done, a bylaw under subsection (3) must be adopted on or before the date specified.

Advisory body for municipality

Letters patent incorporating a municipality or extending the area of a municipality may do one or more of the following:

require the council to establish an advisory body for the municipality;

specify the role of the advisory body;

require the council to consult with the advisory body on specified matters;

provide for the composition of and the manner of appointing members to the advisory body;

specify a date before which the council may not dissolve the advisory body.

Letters patent for municipality: additional powers

Despite this or any other Act, the Lieutenant Governor in Council may, by letters patent, do one or more of the following in relation to the incorporation of a municipality or the extension or reduction of the area of a municipality:

impose requirements on the municipality;

restrict the powers of the municipality;

make provisions the Lieutenant Governor in Council considers appropriate for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties;

in respect of a provision included in the letters patent under paragraphs (

a) to (c), provide an exception to or a modification of a requirement or condition established by an enactment.

As restrictions in exercising a power under this section, the Lieutenant Governor in Council may not do the following:

override an absolute prohibition contained in an enactment;

eliminate a requirement for obtaining the assent of the electors, unless that requirement is modified by replacing it with a requirement for obtaining the approval of the electors by alternative approval process.

Municipal Incorporation or Boundary Changes: Related Matters

Bylaws that apply to new municipality or extend to additional area

The bylaws and resolutions of the municipality to which an addition is made apply to the additional area, and continue in force until altered or repealed by the council.

Despite subsection (1) but subject to

section 44 (6) [continuation of regional district jurisdiction] and the letters patent, if a municipality is incorporated or the area of a municipality is extended, a provision of

a bylaw adopted by a regional district, other than an establishing bylaw, or

a bylaw adopted by a local trust committee under the Islands Trust Act

that applies to the area continues in force as if it were a bylaw of the municipality until it is amended or repealed by the council.

Interim corporate officer

If letters patent incorporating a municipality are issued, the minister may appoint a person as the interim corporate officer of the municipality.

An interim corporate officer's term ends when a corporate officer is appointed for the municipality.

Words in an enactment, other than this section, referring to a corporate officer, by name or otherwise, also apply to an interim corporate officer.

Collection of taxes in relation to municipal boundary changes

This

section applies if land is included in a municipality under any of the following:

section 12 [extension of municipal area] ;

section 16 [other redefinition of boundaries] ;

section 27 [authority for variation of proposed boundaries] .

All unpaid taxes previously imposed by the Provincial government or by another municipality on the land are taxes of the municipality in which the land is included, and that municipality may exercise all remedies under this Act and the Community Charter for the collection of those taxes.

For unpaid taxes previously imposed by the Provincial government, the municipality in which the land is included must pay the amount of those taxes to the Surveyor of Taxes by January 1 in the year following the year in which the land is included in the municipality.

For unpaid taxes previously imposed by another municipality, the municipality in which the land is included

may pay the amount of those taxes to the other municipality before they are collected, or

if the amount of those taxes is not paid under paragraph (a), must pay that amount to the other municipality as they are collected.

If land shown on the records of a land title office as a single parcel of land

lies partly inside and partly outside the municipality, and

is, under a provision referred to in subsection (1), wholly included in the municipality,

the taxes then unpaid on any part of the land are a charge as unpaid taxes on the whole land.

Transfer of Provincial property tax money if rural land included in municipality

If land subject to assessment and taxation under the Taxation (Rural Area) Act is included in a municipality, either by incorporation of the municipality or by the extension or redefinition of its boundaries, the Minister of Finance may pay from the consolidated revenue fund to the municipality an amount equal to

the current year's taxes levied under

Part 2 [Taxation of Land and Improvements] of the Taxation (Rural Area) Act , if the date of the letters patent defining or redefining the municipal boundaries is effective before July 1, or

one half of that amount, if that date is after June 30 in any year.

The amount provided under subsection (1) may include taxes levied on the land and improvements under any Act and due to the Provincial government.

An amount to be paid under this

section must be paid in January following the year in which the taxes are levied or at another time considered appropriate by the Minister of Finance.

The taxes when collected by the municipality are municipal revenue.

Dissolution of municipality

On receiving a request signed by a majority of the electors of the municipality, the Lieutenant Governor in Council may, by order, revoke the letters patent incorporating the municipality.

The Lieutenant Governor in Council may not exercise the power under subsection (1) until the Lieutenant Governor in Council is satisfied that provision has been made for the payment and discharge of all debts and obligations of the municipality.

On the revocation under subsection (1) of the letters patent,

the municipality is dissolved,

all of the municipality's property vests in the Provincial government, and

all taxes imposed by the municipality that remain unpaid are taxes imposed under the Taxation (Rural Area) Act as of the date of the imposition.

If a municipality is dissolved under this

section at a date before taxes are imposed for the calendar year in which the dissolution takes effect, all property inside the boundaries of the dissolved municipality is liable to assessment, taxation, levy and collection of taxes for all purposes in that year under the Taxation (Rural Area) Act and the School Act , as if the property were liable to assessment in the preceding year.

Rights and liabilities not affected by reissue of letters patent

If letters patent that incorporate a municipality are revoked and others issued,

the revocation or issue does not bar or discharge a right, claim or demand of or against the municipality, or a pending action or proceeding, and the municipality remains as liable and has the same rights and interest as if the letters patent revoked were valid and not revoked,

the municipality is deemed to have been a corporation from the date of the letters patent originally incorporating it, and

a registration in a land title office in the name of the municipality is a registration in the name of the municipality under the new letters patent.

Existing licences preserved

A Provincial or municipal licence that

was issued in any locality that has been

incorporated or dissolved as a municipality, or

added to or excluded from an existing municipality, and

was in force immediately before the change

is valid until its expiration, subject to the provisions of any Act or a bylaw or regulation of the municipality affected.

On expiration, the reissue or renewal of a licence is governed by the statutory provisions or the appropriate municipal bylaw and regulation.

Regional District Incorporation and Related Matters

Incorporation of new regional district

On the recommendation of the minister, the Lieutenant Governor in Council may, by letters patent, incorporate the residents of an area into a regional district for the purpose of exercising powers conferred on the regional district under this Act or under any other enactment.

Letters patent incorporating a regional district must specify the following:

the name and boundaries of the regional district;

the municipalities and electoral areas that comprise the regional district;

the boundaries of each electoral area in the regional district;

the voting unit for the regional district, by specifying the number of persons used to calculate the number of votes referred to in

section 196 (2) [voting rights] ;

the last date for appointment of municipal directors to the first board;

the time and manner of the first election of electoral area directors;

the chief election officer and the voting places for the first election under paragraph (f);

the date, time and place of the board's first meeting;

the amounts that may be borrowed to meet the current lawful expenditures of the regional district in the year of incorporation and, if considered necessary, for the next year;

the dates that may be observed initially, and once only, in place of statutory dates.

No part of an electoral area may be in a municipality.

On the recommendation of the minister, the Lieutenant Governor in Council may, by letters patent, do one or more of the following:

specify the divisor used to calculate the number of directors referred to in

section 197 (1) [municipal directors] ;

change the name of a regional district;

amend the voting unit referred to in subsection (2) (d);

redefine the boundaries of an electoral area, establish a further electoral area or eliminate an existing electoral area.

Extension of regional district boundaries

On the recommendation of the minister, the Lieutenant Governor in Council may, by letters patent, alter the boundaries of a regional district to include an area not in a regional district.

Before making a recommendation under subsection (1), the minister must

consult with the minister who administers the Hospital District Act for the purpose of ensuring that any boundary alteration will, if possible, maintain coextensive regional district and hospital district boundaries, and

notify the regional district that will be affected by the proposed recommendation.

Regional district amalgamation, division and reorganization

On the recommendation of the minister, the Lieutenant Governor in Council may

amalgamate 2 or more regional districts by

revoking, by order, their letters patent, and

incorporating the new regional district under

section 41,

divide a regional district into 2 or more regional districts by

revoking, by order, their letters patent, and

incorporating the new regional districts under

section 41, or

by letters patent, alter the boundaries of 2 or more adjoining regional districts by reducing the area of one and increasing the area of another by the inclusion of the area withdrawn into the district that is increased.

Before making a recommendation under subsection (1), the minister must

consult with the minister who administers the Hospital District Act for the purpose of ensuring that any boundary alteration will, if possible, maintain coextensive regional district and hospital district boundaries, and

notify all regional districts that will be affected by the proposed recommendation.

Letters patent under subsection (1) may not be issued for 6 months after notice has been given under subsection (2) (b).

In a recommendation under subsection (1), the minister must specify a proposed allocation or division of the rights, property, assets and obligations of the districts affected.

In letters patent incorporating a regional district as referred to in subsection (1) (

a) or (

b) or in letters patent referred to in subsection (1) (c), the Lieutenant Governor in Council may do one or more of the following:

transfer to and vest in a regional district any of the rights, property and assets of another regional district;

transfer to and declare as assumed by a regional district any of the obligations of another regional district;

provide that a bylaw or resolution of the board having jurisdiction before the amalgamation, alteration or division does not remain in force under subsection (6);

require the board of the regional district to amend or repeal by a specified date a bylaw or resolution that remains in force under subsection (6);

deem a reference to the regional district in any commercial paper, lease, licence, permit or other contract, instrument or document to be a reference to another regional district.

Subject to the letters patent, the bylaws and resolutions of boards that had jurisdiction before the amalgamation, alteration or division remain in force until they are amended or repealed by the board having jurisdiction following the amalgamation, alteration or division.

Sections 39 [rights and liabilities not affected by reissue of letters patent] and 40 [existing licences preserved] apply in respect of regional districts referred to in this section.

Creation or restructure of municipality in regional district

If letters patent incorporate an area in the regional district as a new municipality, the new municipality becomes a member of the regional district on the date of incorporation, with representation determined in accordance with

section 197 [municipal directors: number of directors and assignment of votes] .

If letters patent incorporate a new municipality or extend the boundaries of an existing municipality, and all or part of a service area is in the new municipality or the extension of the existing municipality, the Lieutenant Governor in Council may, by letters patent for the regional district, do one or more of the following:

transfer from the regional district to the municipality the jurisdiction for the service in respect of all or a specified part of the service area;

require the regional district to administer on behalf of the municipality the service transferred under paragraph (

a) until a specified date after the effective date of the transfer;

require the municipality to pay to the regional district an amount for administering the service on behalf of the municipality;

specify an amount or establish formulas, rules or ratios for determining an amount payable under paragraph (c).

The municipality and the regional district may enter into an agreement that modifies

a requirement under subsection (2) (

b) or (c), or

an amount specified or a formula, rule or ratio established under subsection (2) (d).

Letters patent under subsection (2) may do one or more of the following:

transfer to and vest in the municipality any of the regional district's rights, property and assets that relate to the transferred service;

transfer to and declare as assumed by the municipality any of the regional district's obligations that relate to the transferred service;

provide that a bylaw of the regional district does not continue in force under

section 34 (2) [bylaws that continue to apply to new municipality or extend to additional area] ;

continue in force any resolutions of the regional district as resolutions of the municipality applicable to the area of the municipality to which they applied as resolutions of the regional district until those resolutions are amended or repealed by the council of the municipality;

require the council of the municipality to amend or repeal by a specified date a bylaw continued under

section 34 (2) or a resolution continued under paragraph (

d) of this subsection;

deem a reference to the regional district in any commercial paper, lease, licence, permit or other contract, instrument or document to be a reference to the municipality.

If jurisdiction for a service is transferred to the municipality by letters patent under subsection (2), the effective date of the transfer is the date of the letters patent unless an order under subsection (6) applies.

The minister may, by order, specify a later date on which the transfer is effective and, if such an order is made, the jurisdiction of the regional district governing the service continues in force until that later date.

On the effective date of the transfer under subsection (2) (

a) of jurisdiction for a service in respect of a specified part of the service area, the service area for the service provided by the regional district is deemed to be reduced to exclude the specified part of the service area for which jurisdiction was transferred.

If letters patent incorporate a new municipality and only a part of a service area is in the new municipality, the service is continued under the jurisdiction of the regional district unless it is transferred under subsection (2) (a).

If letters patent are issued extending or reducing the boundaries of a municipality, the voting power of the municipality under

section 196 [composition and voting rights] must be adjusted effective January 1 in the year following the date of issue.

Subsection (11) applies if, as a consequence of the incorporation of a new municipality or the alteration of boundaries of an existing municipality, the council and the board are unable to resolve a difference that may arise between them on

the question of administration of matters in their respective jurisdictions,

the allocation of resources or costs, or

any other matter that, in the opinion of the minister, requires solution.

In the circumstances referred to in subsection (10), after considering the representations of the parties, the minister may make an order, not inconsistent with this Act or letters patent for the municipality or regional district, directing the council and the board, or either, to act in a manner consistent with the terms of settlement set out in the order.

The council and the board must comply with the terms of an order under subsection (11) according to its intent.

Dissolution of community planning area or improvement district in regional district

In this section, community planning area means an area of the Provincial Community Planning Local Area under the Local Services Act that is designated as a community planning area under that Act.

If a community planning area is dissolved and the area of land comprising the community planning area is in a regional district, the Lieutenant Governor in Council may, by order, do one or more of the following:

provide that all or part of the community planning area be a service area of the regional district;

continue in force any regulations made by the minister relating to the community planning area as bylaws of the regional district applicable to the area of the regional district to which they applied as regulations until those bylaws are amended or repealed by the board;

specify a date for the purposes of subsection (6).

If an improvement district is dissolved or the letters patent for an improvement district are amended to modify or repeal an object of the improvement district and the area of land comprising the improvement district is in a regional district, the Lieutenant Governor in Council may, by order, do one or both of the following:

provide for the continuation of a service of the improvement district as a service of the regional district by

describing the service, and

defining the boundaries of the service area;

specify a date for the purposes of subsection (6).

If provision is made for a service area under subsection (2) or (3), the board must adopt a bylaw in respect of the service that

meets the requirements of

section 339 [required content for establishing bylaws] for an establishing bylaw,

is consistent with the order under subsection (2) or (3) of this section, as applicable, and

is adopted in accordance with

section 349 [amendment or repeal of establishing bylaw] as if it were a bylaw amending an establishing bylaw.

A bylaw under subsection (4) is deemed to be an establishing bylaw for the service in respect of which it is adopted.

A bylaw under subsection (4) must be adopted

on or before the date specified by order under subsection (2) (

c) or (3) (b), as applicable, or

if no date is specified, within a reasonable period after that order comes into effect.

If no date is specified by order under subsection (2) (

c) or (3) (b), as applicable, the Lieutenant Governor in Council may in a later order specify a date and, if this is done, a bylaw under subsection (4) must be adopted on or before the date specified.

Regional district letters patent and orders: additional powers

Despite this or any other Act, the Lieutenant Governor in Council may, by letters patent or by order, do one or more of the following in relation to the incorporation of a regional district, the establishment or elimination of an electoral area, the redefinition of the boundaries of an electoral area or the alteration of the boundaries of a regional district:

impose requirements on the regional district;

restrict the powers of the regional district;

make provisions the Lieutenant Governor in Council considers appropriate for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties;

in respect of a provision included in the letters patent or order under paragraphs (

a) to (c), provide an exception to or a modification of a requirement or condition established by an enactment.

As restrictions in exercising a power under this section, the Lieutenant Governor in Council may not do the following:

override an absolute prohibition contained in an enactment;

eliminate a requirement for obtaining the assent of the electors, unless that requirement is modified by replacing it with a requirement for obtaining the approval of the electors by alternative approval process.

Electors and Elections

General

Definitions in relation to this

Part

In this Part:

additional advance voting opportunity means a voting opportunity under

section 108;

additional general voting opportunity means a voting opportunity under

section 106;

advance voting opportunity means a required advance voting opportunity or an additional advance voting opportunity;

authorized drop-off location means a location specified by the chief election officer under

section 110 (5.1) [mail ballot voting] ;

candidate

means a person who is declared to be a candidate under

section 97 [declaration of candidates] , and

for the purposes of Division 7 [Candidate Endorsement by Elector Organization] , includes a person who is seeking endorsement or is proposed to be endorsed under that Division;

candidate representative means an official agent or a scrutineer appointed under

section 102;

election means an election for the number of persons required to fill a local government office;

election area means the municipality, neighbourhood constituency, regional district electoral area or other area for which an election is held under this Act or other local elections legislation;

election proceedings means nomination, voting or counting proceedings under this Part;

elector organization means an organization that endorses a candidate under Division 7;

endorsement , in relation to a candidate, means the endorsement of the candidate by an elector organization under Division 7;

general voting means voting proceedings at required general voting opportunities and additional general voting opportunities and, if applicable, those proceedings as adjourned under

section 62;

held at the same time , in relation to elections and assent voting, means being held at the same time in accordance with the rules established by

section 6 [when elections, or elections and assent voting, are considered to be held at the same time] of the Local Elections Campaign Financing Act ;

judicial recount means a judicial recount under Division 15 [Judicial Recount] ;

neighbourhood constituency means an election area established as a neighbourhood constituency under

section 53;

nomination deposit means a nomination deposit required by bylaw under

section 88 [nomination deposits] ;

nomination documents means the documents required by

section 87 (1) and (2);

nomination period means the period referred to in

section 84 [nomination period] or, if applicable, as extended under

section 62 [adjournment of election proceedings] ;

official agent means an official agent appointed under

section 102 (1) (a) [appointment of candidate representatives] to represent a candidate;

presiding election official means, in relation to election proceedings, the chief election officer or the election official appointed under

section 58 (3) (

a) to act as presiding election official for those proceedings;

required advance voting opportunity means a voting opportunity under

section 107;

required general voting opportunity means a voting opportunity on general voting day at a voting place under

section 105;

residential address includes an indication of the area in which a person lives if no other specific designation is reasonably available;

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

solemn declaration means a declaration on oath or by solemn affirmation in accordance with

section 51;

special voting opportunity means a voting opportunity under

section 109;

voting compartment means an area described in

section 123 (3) [area where voters can mark their ballots screened from observation by others] ;

voting day means the general voting day for an election, a day on which an advance voting opportunity for the election is offered or a day on which a special voting opportunity for the election is offered;

voting hours means the time during which voting is permitted on a voting day;

voting opportunity means an opportunity referred to in

section 104 [voting opportunities for electors] for some or all electors of an election area to vote in an election for the election area;

voting place means a place where voting proceedings at general voting or an advance voting opportunity are conducted.

Time not extended for voting days

Sections 25 (3) and (4) and 25.5 (1) and (2) of the

Interpretation Act , extending a time period if the time for doing

an act expires or falls on a holiday or on a day when a business office is not open during regular business hours, do not apply to a voting day.

This Act prevails in relation to use of information

To the extent of any inconsistency or conflict with the Freedom of Information and Protection of Privacy Act , Parts 3 [Electors and Elections] and 4 [Assent Voting] of this Act apply despite that Act.

Public notice requirements

If this Act requires notice to be given in accordance with this section, the notice must be published in accordance with

section 94 [requirements for public notice] of the Community Charter .

Notices to which this

section applies may be combined as long as the requirements of all applicable sections are met.

Solemn declarations

If this Part requires a solemn declaration to be made, the declaration must be

made on oath or by solemn affirmation,

made before a commissioner for taking affidavits for British Columbia or a person authorized by this Part to take the oath or solemn affirmation, and

signed by the person making the oath or solemn affirmation and by the person before whom it is made.

If a regulation under

section 168 [election regulations] applies, the declaration must be made in a form prescribed by the regulation.

Arrangements for Elections

General local elections every 4 years

Elections for the mayor and all councillors of each municipality and elections for the electoral area directors of each regional district, to be known collectively as a general local election, must be held in the year 2014 and in every fourth year after that.

General voting day for a general local election must be the third Saturday of October in the year of the election.

Municipal elections at large unless neighbourhood constituency established

Unless a bylaw under subsection (2) applies, every council member must be elected from the municipality at large.

A council may, by bylaw, provide that all or some of the councillors be elected on a neighbourhood constituency basis.

A bylaw under subsection (2) must establish the areas that are to be neighbourhood constituencies and provide for an orderly transition to election on this basis.

The authority under subsection (2) applies despite the letters patent for the municipality, but a bylaw under that subsection must be approved by the Lieutenant Governor in Council before it is adopted.

If a neighbourhood constituency is established,

the only persons who may vote as electors of the neighbourhood constituency are

resident electors of the municipality who meet the qualifications of

section 65 [resident electors] in relation to the area of the neighbourhood constituency, and

non-resident property electors of the municipality who meet the qualifications of

section 66 [non-resident property electors] in relation to the area of the neighbourhood constituency, and

except as permitted at an additional general voting opportunity or a special voting opportunity, the electors of the neighbourhood constituency may vote on general voting day only at the voting places for that neighbourhood constituency.

The notice of election under

section 99 [notice of election by voting] for an election on the basis of a neighbourhood constituency must include the following additional information:

the boundaries of the neighbourhood constituency;

the voting place on general voting day for the neighbourhood constituency;

a description of the qualifications established by subsection (5) (

a) that entitle an elector to vote for a council member to represent the neighbourhood constituency.

By-elections

Subject to this section, an election must be held to fill a vacancy in an elected local government office that occurs in any of the following circumstances:

the person elected or appointed to the office dies before taking office;

a.1

the office becomes vacant under

section 82.1 [disqualification — indictable offence] ;

the office is declared vacant on an application under

section 153 [application to court respecting validity of election] , or a candidate affected by the application renounces claim to the office under subsection (9) of that section;

the person holding the office dies;

the person holding the office resigns from office;

the office becomes vacant under Division 7 [Challenge of Council Member Qualification for Office] of

Part 4 of the Community Charter as it applies in relation to that office;

the office becomes vacant under any of the following sections of the Local Elections Campaign Financing Act :

section 64 (2) (a) [candidate penalties for failure to disclose] ;

section 65 (1) (a) [candidate penalties for false or misleading disclosure] ;

iii

section 65.1 (1) [endorsed candidate penalties for elector organization failing to file disclosure documents or disclosing false or misleading information] ;

section 68.01 (3) [candidate penalties for exceeding expense limits or amount available] .

A local government may decide that a by-election is not to be held if the vacancy occurs after June 1 in the year of a general local election that will fill the office.

In addition to the authority under subsection (2), a council may decide that a by-election is not to be held if all the following circumstances apply:

the vacancy occurs after January 1 in the year of a general local election that will fill the office;

the vacancy is not in an office elected on the basis of a neighbourhood constituency;

the number of remaining council members is at least one greater than the quorum for the council, as set under

section 129 (1) [quorum for conducting business] of the Community Charter .

As soon as practicable after a vacancy occurs for which an election under this

section is to be held, the local government must

appoint a chief election officer for the election, and

notify the minister of the election.

4.1

As soon as practicable after the appointment under subsection (4) (a), the chief election officer must notify the BC chief electoral officer of the election.

The chief election officer must set a general voting day for the election, which must be on a Saturday no later than 80 days after the date the chief election officer was appointed.

If the number of members of a local government is reduced to less than a quorum, the minister may either

order that the remaining members of the local government constitute a quorum until persons are elected and take office to fill the vacancies, or

appoint qualified persons to fill the vacancies until persons are elected and take office to fill them.

A person elected in a by-election holds office until the end of the term of the office in respect of which the election was held.

Minister may arrange for election to be conducted

If an election is not held or a vacant office is not otherwise filled as required under this Act, the minister may

set a general voting day for the election, appoint a chief election officer and otherwise arrange for the election to be conducted, or

order the designated local government officer to arrange for the election to be conducted.

If considered necessary in relation to an election under subsection (1), the minister may make orders to provide for the conduct of the election and for the governing of the municipality or regional district until the candidates elected in that election take office, including orders that provide for exceptions to provisions of this Act and regulations or bylaws under this Act.

The general voting day for an election under this

section must be on a Saturday set by the minister or by the chief election officer in accordance with the directions of the minister.

Election bylaws

This

section applies to a bylaw under

this Part,

section 330 [regulation of signs and advertising] of this Act, or

section 8 (4) [fundamental powers — signs and advertising] of the Community Charter .

Unless otherwise provided,

in order for a bylaw referred to in subsection (1) to apply in relation to a general local election, the bylaw must be adopted at least 56 days before the first day of the nomination period of the general local election, and

in order for a bylaw referred to in subsection (1) to apply in relation to an election under

section 54 [by-elections] , the bylaw must be adopted at least 42 days before the first day of the nomination period for the election.

Costs of elections

The costs of an election, including the costs of registration of electors for the election, are the responsibility of the municipality or regional district for which the election is held unless otherwise agreed.

The costs of an election may be shared under an agreement between the local government and another local government, the council of the City of Vancouver or a board of education for the conduct of the election by one party for the other or in conjunction with an election of the other.

A local government that is a party to an agreement under subsection (2) may, by bylaw, provide that the bylaws of the other party respecting elections apply to elections conducted under the agreement.

An agreement referred to in subsection (2) may provide for a party to conduct only some of the election proceedings for or in conjunction with the other party.

If an agreement referred to in subsection (4) applies to an election, the election is valid despite the agreement and any bylaws in relation to it having the effect of creating differences in election proceedings between different parts of the election area for which an election is held.

Without limiting subsection (4), an agreement referred to in that subsection may allow a local government to restrict the persons who may vote at the election proceedings conducted under the agreement to persons who are entitled to be registered as electors in relation to a specified part of the election area for which the election is held.

If a restriction under subsection (6) applies, on any day on which an advance voting opportunity conducted under the agreement is open to electors of only part of the election area for which the election is held, an advance voting opportunity must be open to all electors of that election area on the same day.

So long as any required advance voting opportunities are provided, no bylaw is necessary for an advance voting opportunity required by subsection (7), and the voting opportunity may be held at the place and for the voting hours established by the chief election officer.

The chief election officer must give notice of a voting opportunity to which subsection (8) applies in any manner the chief election officer considers appropriate.

The notice under subsection (9) must include the date, place and voting hours for the voting opportunity.

Election Officials Appointment and Authority

Appointment of election officials

For the purposes of conducting an election, the local government must appoint a chief election officer and a deputy chief election officer.

The chief election officer must appoint election officials required for the administration and conduct of the election.

Without limiting the generality of subsection (2), the chief election officer must appoint the following:

presiding election officials for election proceedings where the chief election officer is not acting as presiding election official;

election officials to act as alternate presiding election officials for election proceedings;

election officials required to assist the presiding election official at election proceedings.

The chief election officer may delegate the authority under subsection (3) (

c) to the presiding election official for the election proceedings.

The chief election officer may appoint peace officers as election officials to assist presiding election officials in fulfilling their duty to maintain peace and order at the election proceedings for which they are responsible.

If an election official is absent or unable to act, a person appointed as deputy chief election officer or appointed under this

section as alternate for the official must perform the duties and has the powers of the official.

A candidate, candidate representative or financial agent may not be appointed as an election official.

Before assuming duties, an election official must make a solemn declaration that the person

will faithfully and impartially exercise the powers and perform the duties of the position to which the election official is appointed,

has not received and will not accept any inducement

to exercise the powers or perform the duties of the position otherwise than impartially and in accordance with this Act, or

to otherwise subvert the election,

will preserve the secrecy of the ballot in accordance with

section 123 [voting to be by secret ballot] , and

is not and will not become a candidate, candidate representative or financial agent while holding the position of an election official.

Chief election officer duties and powers

In addition to all other duties established by this Part and the Local Elections Campaign Financing Act , the chief election officer must do the following:

ensure that a sufficient number of ballots are prepared for an election by voting;

ensure that each voting place

is supplied with sufficient numbers of ballots, ballot boxes and voting books, and

has an area that may be used as a voting compartment;

take all reasonable precautions to ensure that a person does not vote more than once in an election;

do all other things necessary for the conduct of an election in accordance with this Part, the Local Elections Campaign Financing Act and any bylaws and regulations under this Part or that Act.

In addition to all other powers given by this Part, the chief election officer may do one or more of the following:

exercise any power conferred on a presiding election official in relation to the election proceedings for which the presiding election official is responsible;

as an exception to the restrictions on where an elector may vote when municipal voting divisions are established, authorize an election official to vote at the voting place at which the official is working;

take solemn declarations where these are required under this Part or the Local Elections Campaign Financing Act ;

delegate to other election officials the chief election officer's duties and powers under this Part or the Local Elections Campaign Financing Act , subject to any restrictions or conditions specified by the chief election officer;

apply to the minister for an order under

section 167 [ministerial orders to address special circumstances or errors] of this Act or

section 99 [ministerial orders to address special circumstances or errors] of the Local Elections Campaign Financing Act .

Presiding election official duties and powers

In addition to other responsibilities established by this Part, a presiding election official for election proceedings must

ensure, so far as possible, that this Part and the regulations and bylaws under it are being complied with, and

take all reasonable precautions to keep the ballots and ballot boxes secure from persons not entitled to have access to them.

In addition to other powers conferred by this Part, a presiding election official may

take solemn declarations required by this

Part in relation to the election proceedings for which the presiding election official is responsible, and

section 163 (4) (

b) or (c) [campaigning materials near voting place] is being contravened, enter on the property where the materials that are the subject of the contravention are located and remove or cover them or otherwise obscure them from view, or authorize another person to do so.

Keeping order at election proceedings

A presiding election official must maintain peace and order so far as reasonably possible at the election proceedings for which the presiding election official is responsible.

For the purposes of this section, the presiding election official may do one or more of the following:

restrict or regulate the number of persons admitted at any time to the place where the proceedings are being conducted;

order a person to leave the place where the proceedings are being conducted and the immediate vicinity of that place, if any of the circumstances referred to in subsection (5) (

a) to (

d) occur;

order the removal of a person ordered to leave if that person does not comply;

require the assistance of peace officers or of persons present at the place where the proceedings are being conducted.

A person ordered to leave under subsection (2) (

b) must leave the place and the immediate vicinity of the place at which the election proceedings are being conducted and must not return while these election proceedings are being conducted unless permitted to do so by the presiding election official.

The authority under subsection (2) must not be used to prevent an elector otherwise entitled to vote at the place from exercising the right to vote.

The presiding election official may require a person to provide identification and the person must comply with that requirement if, in the opinion of the presiding election official, that person

is present at a place when not permitted to be present under this Act,

is disturbing the peace and order of the proceedings,

is interfering with the conduct of the proceedings, or

is contravening any provision of this Part or of a regulation or bylaw under this Part.

Adjournment of election proceedings

Election proceedings may be adjourned by the presiding election official in accordance with this

section if that official considers that the health or safety of persons is at risk, or that the integrity of the proceedings is at risk.

Election proceedings may be adjourned

temporarily to another time on the same day or another time on the same day at another place specified by the presiding election official, or

to a day, time and place to be set by the chief election officer.

The presiding election official must notify the chief election officer as soon as possible of any adjournment and must follow any directions the chief election officer considers appropriate in the circumstances.

While proceedings are adjourned, the presiding election official must make all reasonable efforts to ensure that the election materials are secured and that the integrity of the election is not compromised.

The presiding election official must give notice to persons affected by an adjournment as directed by the chief election officer or, in the absence of direction, in any manner the official considers appropriate.

Proceedings that are recommenced after an adjournment must continue for such a period that the total time for the proceedings is the same regardless of the adjournment.

If voting proceedings are adjourned, the counting of the vote must not be started until the close of voting at the adjourned proceedings.

Exceptional assistance in election proceedings

The provisions of this

section are exceptions for allowing persons to exercise their rights under this

Part in circumstances where they would otherwise be unable to do so.

If a person is required by this Part to sign a document and is unable to do so, the presiding election official or an election official authorized by the presiding election official may either sign on behalf of the person or have the person make the person's mark and witness that mark.

If a person is required by this Part to make a solemn declaration or to provide information to an election official and requires the assistance of a translator to do this, the presiding election official must permit another person to act as translator so long as that person first makes a solemn declaration that the person is able to make the translation and will do so to the best of that person's abilities.

The obligation to provide a translator rests with the person who is required to make the solemn declaration or provide the information and, if that person does not provide a translator, that person must be considered to have refused to make the solemn declaration or provide the information.

Electors and Registration of Electors

Who may vote at an election

In order to vote at an election for a municipality or electoral area, a person

must meet the requirements of

section 65 (1) (

a) to (e) [resident electors] or 66 (1) (

a) to (g) [non-resident property electors] at the time of voting,

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

must be registered as an elector of the municipality or electoral area.

The following persons are disqualified from voting at an election:

a person who has not completed the sentence for an indictable offence, unless the person is released on probation or parole and is not in custody;

a person who is involuntarily confined to a psychiatric or other institution as a result of being acquitted of or found not criminally responsible for an offence under the Criminal Code on account of mental disorder;

a person who has contravened

section 161 (3) [accepting inducements to vote] in relation to the election.

For clarification, no corporation is entitled to be registered as an elector or have a representative registered as an elector and no corporation is entitled to vote.

A person must not vote at an election unless entitled to do so.

Resident electors

In order to be registered as a resident elector of a municipality or electoral area, a person must meet all the following requirements on the day of registration:

the person must be

an individual who is 18 years of age or older on the day of registration, or

if an election is in progress for the municipality or electoral area, an individual who will be 18 years of age or older on general voting day for the election;

the person must be a Canadian citizen;

the person must have been a resident of British Columbia, as determined in accordance with

section 67 [rules for determining residence] , for at least 6 months immediately before the day of registration;

the person must be a resident of the municipality or electoral area, as determined in accordance with

section 67;

the person must not be disqualified under this or any other enactment from voting in an election or be otherwise disqualified by law.

[Repealed 2021-5-71.]

Non-resident property electors

In order to be registered as a non-resident property elector of a municipality or electoral area, a person must meet all the following requirements on the day of registration:

the person must not be entitled to register as a resident elector of the municipality or electoral area;

the person must be

an individual who is 18 years of age or older on the day of registration, or

if an election is in progress for the municipality or electoral area, an individual who will be 18 years of age or older on general voting day for the election;

the person must be a Canadian citizen;

the person must have been a resident of British Columbia, as determined in accordance with

section 67, for at least 6 months immediately before the day of registration;

the person must have been a registered owner of real property in the municipality or electoral area for at least 30 days immediately before the day of registration;

the only persons who are registered owners of the real property, either as joint tenants or tenants in common, are individuals who are not holding the property in trust for a corporation or another trust;

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

A person may register as a non-resident property elector only in relation to one parcel of real property in a municipality or electoral area.

If the boundaries of a municipality or electoral area are extended or if a new municipality is incorporated, a person is deemed to have satisfied the requirement of subsection (1) (

e) if, for at least 30 days before the person applies for registration as a non-resident property elector, the person has been a registered owner of property within the area that is included in the municipality or electoral area or that becomes the new municipality.

For the purposes of this section, the registered owner of real property means whichever of the following is applicable:

the owner of a registered estate in fee simple of the property, unless another person holds an interest in the property referred to in paragraph (b), (

c) or (d);

the holder of the last registered agreement for sale, unless another person holds an interest in the property referred to in paragraph (

c) or (d);

the tenant for life under a registered life interest in the property, unless another person holds an interest in the property referred to in paragraph (d);

the holder of a registered lease of the property for a term of at least 99 years.

If there is more than one individual who is the registered owner of real property, either as joint tenants or tenants in common, only one of those individuals may register as a non-resident property elector under this

section in relation to the real property.

If the land title registration of the real property in relation to which a person is registering under this

section indicates that there is more than one individual who is the registered owner of the real property, the person registering must do so with the written consent of the number of those individuals who, together with the person registering, are a majority of those individuals.

A registered owner who has consented to the registration of another registered owner of the property may withdraw the consent by delivering a written withdrawal to the municipality or regional district.

Once a withdrawal of consent has been delivered in accordance with subsection (7), the person registered as the non-resident property elector in relation to the property ceases to be entitled to be registered and vote as such if the number of individuals referred to in subsection (6) falls below a majority of the registered owners, with this effective

for the next election, in the case of a withdrawal delivered at least 52 days before general voting day for the election, and

following the next election, in the case of a withdrawal delivered less than 52 days before general voting day for the election.

Rules for determining residence

The following rules apply to determine the area in which a person is a resident:

a person is a resident of the area where the person lives and to which, whenever absent, the person intends to return;

a person may be the resident of only one area at a time for the purposes of this Part;

a person does not change the area in which the person is a resident until the person has a new area in which the person is a resident;

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

As an exception to subsection (1), if

a person establishes for the purposes of attending an educational institution a new area in which the person is a resident, and

the new area is away from the usual area in which the person is a resident,

the person may choose for the purposes of this Part either the usual area or the new area as the area in which the person is a resident.

When a person may register as an elector

A person may register as an elector

at the time of voting in accordance with

section 72 [resident elector registration] or 73 [non-resident property elector registration] , or

by advance registration in accordance with

section 71, if this is available.

If a bylaw under

section 76 [Provincial list of voters as register of resident electors] is in effect for a municipality or electoral area, a person entitled to register as a resident elector of the municipality or electoral area may effectively register as such by registering as a voter under the Election Act in sufficient time to have the person's name appear on the Provincial list of voters that becomes, under the bylaw, the register of resident electors for the municipality or electoral area.

Voting day registration only

A local government may, by bylaw, limit registration of electors to registration at the time of voting.

Application for registration

An application for registration as an elector must include the following information:

in the case of registration as a resident elector,

the full name of the applicant,

the residential address of the applicant, and the mailing address if this is different, and

iii

either the birth date or the last 6 digits of the social insurance number of the applicant;

in the case of registration as a non-resident property elector,

the full name of the applicant,

the address or legal description of the real property in relation to which the person is registering and the mailing address of the applicant, and

iii

either the birth date or the last 6 digits of the social insurance number of the applicant;

a declaration that the applicant meets the requirements of

section 64 (1) (

a) and (b) [qualifications for voting] to be registered as an elector;

any other information required by regulation under

section 168 [election regulations] to be included.

An application must

be signed by the applicant and by a witness to the signature of the applicant, and

include the residential address of the witness, if this is not a person authorized by the chief election officer or by the designated local government officer.

For the purpose of subsection (1), an address of an applicant that indicates the area in which the applicant is resident within the meaning of

section 67 is sufficient if, in the opinion of the person authorized to receive the application, it indicates the location for the purpose of determining whether the applicant is resident in the municipality or electoral area.

In the case of an application for registration as a non-resident property elector, the application must be accompanied by

proof satisfactory to the person receiving the application that the applicant is entitled to register in relation to the real property referred to in subsection (1) (b), and

if applicable, the written consent from the other registered owners of the real property required by

section 66 (6).

How to register in advance

If a bylaw under

section 69 [voting day registration only] does not apply, advance registration must be available in accordance with this section.

Subject to the closed period under subsection (4), if advance registration is available for a municipality or electoral area, a person may register as an elector by delivering an application and accompanying documents in accordance with

section 70

at the local government offices during its regular office hours,

at a special registration opportunity under subsection (6), or

at other times and places authorized by the designated local government officer.

Advance registration required under subsection (1) must be available to both resident electors and non-resident property electors unless deemed registration of resident electors under

section 76 [Provincial list of voters as register of resident electors] is in effect.

Advance registration closes 53 days before general voting day and does not reopen until the Monday after the close of general voting, subject to any extension of this closed period in relation to an election under

section 152 [runoff election if tie vote after judicial recount] .

At least 6 days but not more than 30 days before the start of the closed period under subsection (4), the designated local government officer must give public notice of the close of advance registration in accordance with

section 50 [public notice requirements] .

For the purpose of encouraging persons to register as electors,

a local government may direct the designated local government officer to arrange an enumeration of the municipality or regional district, and

that officer may arrange other special opportunities for persons to apply to register as electors.

The designated local government officer must ensure that application forms are available from the local government offices during its regular office hours at any time when advance registration as an elector is permitted.

How to register as a resident elector at the time of voting

A person may register as a resident elector immediately before voting by

either

delivering an application in accordance with

section 70 [application for registration] to the election official responsible at the place where the person is voting, or

providing to that official the information required under that

section in the manner established by the chief election officer, and

satisfying that official of the applicant's identity and place of residence in accordance with subsection (2).

For the purposes of subsection (1) (b), an individual may either

produce to the election official at least 2 documents that provide evidence of the applicant's identity and place of residence, at least one of which must contain the applicant's signature, or

produce to the election official at least 2 documents that provide evidence of the applicant's identity, at least one of which must contain the applicant's signature, and make a solemn declaration as to the applicant's place of residence within the meaning of

section 67 [rules for determining residence] .

Documents accepted under subsection (2) must either be documents prescribed as acceptable under

section 168 [election regulations] or provide evidence satisfactory to the election official respecting the matter.

The election official registering an elector under this

section must note on the application the nature of the documents produced for the purposes of subsection (1) (b).

The election official responsible for receiving applications under subsection (1) is the presiding election official or another election official designated by the presiding election official.

How to register as a non-resident property elector at the time of voting

A person may register as a non-resident property elector immediately before voting by

either

delivering an application in accordance with

section 70 [application for registration] to the election official responsible at the place where the person is voting, or

providing to that official the information required under that

section in the manner established by the chief election officer,

satisfying that official of the applicant's identity in accordance with subsection (2), and

providing to that official the materials described in

section 70 (4).

For the purposes of subsection (1) (b), an individual must produce to the election official at least 2 documents that provide evidence of the applicant's identity, at least one of which must contain the applicant's signature.

Section 72 (3) to (5) [requirements in relation to registration of resident electors] applies for the purposes of this section.

Effect of registration

Unless

a bylaw under

section 69 [voting day registration only] applies, or

all or the applicable part of the register of electors is cancelled,

a person registered as an elector continues to be an elector of the municipality or electoral area as long as the person meets the requirements for registration.

If a bylaw under

section 69 applies, registration as an elector is effective only for the elections for which the voting is being conducted at that time.

Register of electors

Subject to

section 76 [Provincial list of voters as register of resident electors] , if advance registration is available for a municipality or electoral area, a register of electors for the municipality or electoral area must be maintained.

The designated local government officer is responsible for maintaining the register of electors.

The register of electors must separately record resident electors and non-resident property electors of the municipality or electoral area and, for each elector, must record the name of the elector and the address or addresses of the elector required to be included on an application under

section 70 [application for registration] .

For the purposes of recording the address or addresses of a resident elector under subsection (3), the register of electors may record only the residential address of the elector as required to be included on an application under

section 70.

For the purposes of maintaining the register of electors, the designated local government officer

must add to the register persons who have registered in accordance with

section 71 [advance registration] ,

section 72 [registration as resident elector at time of voting] , or

iii

section 73 [registration as non-resident property elector at time of voting] ,

may add to the register persons who meet the requirements of

section 65 (1) [resident elector qualifications] to be registered as resident electors of the municipality or electoral area, as evidenced by a current Provincial list of voters under the Election Act ,

may add to the register persons who meet the requirements of

section 65 (1) to be registered as resident electors of the municipality or electoral area, as evidenced by registration under

section 172 [who may vote at assent voting] ,

despite

section 74 (2) [time limited registration] , for a new register established after a bylaw under

section 69 [voting day registration only] ceases to be in force, may add to the register

persons whose names were included in the previous register, and

persons who registered for elections conducted in the municipality or electoral area while the bylaw was in force,

if all or part of a register is cancelled under subsection (8) or

section 76, may add to the new register persons whose names were included in the cancelled register,

on evidence satisfactory to that official, may delete from the register the names of persons who have died or who are no longer qualified as electors, and

on evidence satisfactory to that official, may amend the register to show correctly the information to be included in the register.

A person whose name is added to the register under subsection (5) (b), (c), (

d) or (

e) is deemed to have registered as an elector, as recorded in the register, and

section 74 (1) applies to the registration.

The designated local government officer may authorize a person to assist in that officer's duties under this

section and may authorize the person to exercise the officer's powers under this section.

The local government or the minister may order the cancellation of an existing register of electors, or a portion of it, and direct the preparation of a new register.

Provincial list of voters as register of resident electors

Instead of maintaining an ongoing register of resident electors, a local government may, by bylaw, provide that the most current available Provincial list of voters prepared under the Election Act is to be the register of resident electors.

A bylaw under subsection (1) must require that the Provincial list of voters becomes the register of resident electors no later than 52 days before general voting day for any election to which the bylaw applies.

If a bylaw under subsection (1) applies,

any previous register of resident electors of the municipality or electoral area is cancelled, effective at the time the Provincial list of voters becomes the register,

a person who, on the basis of the Provincial list of voters, appears to meet the qualifications to be registered as a resident elector of the municipality or electoral area is deemed to be registered as such an elector, and

the local government may have, but is not required to have, advance registration under

section 71 for resident electors.

List of registered electors

If a register of electors is required under

section 75, the designated local government officer must prepare a list of registered electors for the municipality or electoral area, to be used for the purposes of administering an election.

The list of registered electors must give the names and addresses of all persons included on the register of electors at the time the list is prepared and must indicate whether a person is a resident elector or a non-resident property elector.

From the forty-sixth day before general voting day until the close of general voting, a copy of the list of registered electors as it stands at the beginning of that period must be available for public inspection at the local government offices during its regular office hours.

Before inspecting the list of registered electors, a person other than a local government officer or employee acting in the course of duties must sign a statement that the person will not inspect the list or use the information included in the list except for the purposes of this Part.

The designated local government officer must ensure that the statements referred to in subsection (4) are kept until after general voting day for the next general local election.

At least 6 days but not more than 30 days before the first day on which the list of registered electors is required to be available under subsection (3), notice must be given in accordance with

section 50 [public notice requirements] that

a copy of the list of registered electors will be available for public inspection at the local government offices during its regular office hours from the date specified in the notice until the close of general voting for the election,

an elector may request that personal information respecting the elector be omitted from or obscured on the list in accordance with

section 78 [protection of privacy] , and

an objection to the registration of a person as an elector may be made in accordance with

section 79 [objection to elector registration] before 4 p.m. on the thirty-sixth day before general voting day.

The list of registered electors must be updated to reflect the changes to the register of electors made after any objections under

section 79 have been dealt with.

Each person who has been nominated in accordance with

section 89 [nomination by delivery of nomination documents] is entitled, for use by the person for the purposes of the election, to

one copy of the list of registered electors without charge, and

on payment to the municipality or regional district of the reasonable costs of reproduction, other copies as requested by the person.

Before receiving a list of registered electors, a person referred to in subsection (8) must sign a statement that the person will not inspect the document or use the information in it except for the purposes of this Part.

Despite

section 95 (3) of the Community Charter and

section 27 (7) of the

Interpretation Act , a person who is entitled to inspect a copy of the list of registered electors under subsection (3) of this

section is not entitled to obtain a copy of the list.

Protection of privacy

If requested by an elector in order to protect the privacy or security of the elector, the chief election officer must amend a list of registered electors that is to be available for public inspection, or that is to be provided under

section 77 (8) [list provided to candidates] , by omitting or obscuring the address of the elector or other information about the elector.

Objection to elector registration

The registration of a person whose name appears on the list of registered electors under

section 77 (3) may be objected to in accordance with this section.

An objection must be received by the designated local government officer, or a person authorized for this purpose by that officer, before 4 p.m. on the thirty-sixth day before general voting day.

An objection may be made only by a person entitled to be registered as an elector of the municipality or electoral area for which the registration is questioned.

An objection may be made only on the basis

that the person whose name appears has died, or

that, at the time of the objection, the person is not qualified to be registered as an elector of the municipality or electoral area.

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

the name and address, as shown in the list of registered electors, of the person against whose registration the objection is made;

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

the name and address of the person making the objection.

On receiving an objection, the designated local government officer must make a reasonable effort to notify the person against whom the objection is made of

the objection,

the name of the person who made the objection, and

the basis on which the objection is made.

Resolving objections to registration

An objection under

section 79 on the basis of death must be resolved by the designated local government officer in accordance with the following:

that official must have a search made of the records under the Vital Statistics Act ;

if a record of death is found and that official is satisfied that it applies to the person whose registration is being objected to, that official must remove the person's name from the register of electors;

if a record of death is not found and that official is unable to contact the person, the official must proceed in accordance with subsection (2) (

c) and (d).

An objection on the basis that a person is not entitled to be registered as an elector must be resolved by the designated local government officer in accordance with the following:

if, after receiving notice of the objection, the person provides proof satisfactory to that official of the person's entitlement to be registered or makes a solemn declaration as to that entitlement, the person's name is to stay on the register of electors;

if, after receiving notice of the objection, the person does not provide proof of entitlement or make a solemn declaration as to entitlement, that official must remove the person's name from the register of electors;

if that official is unable to contact the person, that official must require the person who made the objection to provide proof satisfactory to that official of the basis of the objection and, if this is done, must remove the name from the register of electors;

if the person who made the objection does not provide satisfactory proof as required by paragraph (c), the name is to stay on the register of electors.

Qualifications for Office

Who may hold office on a local government

A person is qualified to be nominated for office, and to be elected to and hold office, on a local government if at the relevant time the person meets all the following requirements:

the person must be an individual who is, or who will be on general voting day for the election, 18 years of age or older;

the person must be a Canadian citizen;

the person must have been a resident of British Columbia, as determined in accordance with

section 67, for at least 6 months immediately before the relevant time;

the person must not be disqualified under this Act or any other enactment from voting in an election in British Columbia or from being nominated for, being elected to or holding the office, or be otherwise disqualified by law.

Without limiting subsection (1) (d), the following persons are disqualified from being nominated for, being elected to or holding office on a local government:

a person who is a judge of the Court of Appeal, Supreme Court or Provincial Court;

a person who is disqualified under

section 82 as an employee of a local government, except as authorized under that section;

b.1

a person who is disqualified from holding office under

section 82.1;

a person who is disqualified under any of the following provisions of this Act, including as the provisions apply under

section 6 (6) [application to trustees] of the Islands Trust Act :

section 202 (4) [failure to make oath or affirmation of office] ;

section 204 (1) [unexcused absence from board meetings] ;

a person who is disqualified under any of the following provisions of the Community Charter :

Division 6 [Conflict of Interest] of

Part 4 [Public Participation and Council Accountability] , including as it applies under

section 205 (1) [application to regional district directors] of this Act and under

section 6 (7) [application to trustees] of the Islands Trust Act ;

section 120 (1.1) [failure to make oath of office] ;

iii

section 125 (5) [unexcused absence from council meetings] ;

section 191 (3) [unauthorized expenditures] ;

a person who is disqualified under any of the provisions referred to in paragraph (

c) or (

d) as the provision applies under another enactment;

a person who is disqualified from holding office on the council of the City of Vancouver under any of the provisions of the Vancouver Charter referred to in

section 38 (2) (

c) or (d) [disqualifications from holding office] of that Act;

a person who is disqualified from holding office under

Division 18 [Election Offences] of this Part as it applies to elections or voting under this Act or any other Act, or

Division (17) of

Part I of the Vancouver Charter as it applies to elections or voting under that Act or any other Act;

a person who is disqualified under the Local Elections Campaign Financing Act from holding office on a local authority;

a person who is disqualified under any other enactment.

Disqualification of local government employees

For the purposes of this section, employee means

an employee or salaried officer of a municipality or regional district, or

a person who is within a class of persons deemed by regulation under

section 168 [election regulations] to be employees of a specified municipality or regional district,

but does not include a person who is within a class of persons excepted by regulation under

section 168.

Unless the requirements of this

section are met, an employee of a municipality is disqualified from being nominated for, being elected to or holding office

as a member of the council of the municipality, or

as a member of the board of the regional district in which the municipality is located.

Unless the requirements of this

section are met, an employee of a regional district is disqualified from being nominated for, being elected to or holding office

as a member of the board of the regional district, or

as a member of the council of a municipality, including the City of Vancouver, that is within the regional district.

Before being nominated for an office to which subsection (2) or (3) applies, the employee must give notice in writing to the employee's employer of the employee's intention to consent to nomination.

Once notice is given under subsection (4), the employee is entitled to and must take a leave of absence from the employee's position with the employer for a period that, at a minimum,

begins on the first day of the nomination period or the date on which the notice is given, whichever is later, and

ends, as applicable,

if the person is not nominated before the end of the nomination period, on the day after the end of that period,

if the person withdraws as a candidate in the election, on the day after the withdrawal,

iii

if the person is declared elected, on the day the person resigns in accordance with subsection (8) or on the last day for taking office before the person is disqualified for a failure to take the oath of office within the time specified by an enactment that applies to the person,

if the person is not declared elected and an application for judicial recount is not made, on the last day on which an application for a judicial recount may be made, or

if the person is not declared elected and an application for judicial recount is made, on the date when the results of the election are determined by or following the judicial recount.

If agreed by the employer, as a matter of employment contract or otherwise, the leave of absence under this

section may be for a period longer than the minimum required by subsection (5).

Sections 54 [duties of employer in relation to leave] and 56 [employment deemed continuous while on leave] of the Employment Standards Act apply to a leave of absence under this section.

Before making the oath of office, an employee on a leave of absence under this

section who has been elected must resign from the person's position with the employer.

At the option of the employee, a resignation under subsection (8) may be conditional on the person's election not being declared invalid on an application under

section 153 [application to court respecting validity of election] .

Disqualification — indictable offence

82.1

A person who is convicted of an indictable offence is disqualified from being nominated for, being elected to or holding office on a local government from the date of the conviction until the date on which the person is sentenced.

If a person elected or appointed to office on a local government is convicted of an indictable offence, the person's office becomes vacant on the date of the conviction.

For certainty, a person whose office becomes vacant under subsection (2) and whose conviction is overturned on appeal is not entitled, if the term of office for which the person was elected has not ended, to take office for the unexpired part of the term.

Only one elected office at a time in the same local government

At any one time a person may not hold more than one elected office in the same local government.

At any one time a person may not be nominated for more than one elected office in the same local government.

A current member of a local government may not be nominated for an election under

section 54 [by-elections] for another office in the same local government unless the person resigns from office within 14 days after the day on which the chief election officer is appointed.

Nomination of Candidates

Nomination period

The period for receiving nominations begins at 9 a.m. on the forty-sixth day before general voting day and ends at 4 p.m. on the thirty-sixth day before general voting day.

If the first day of the nomination period would otherwise fall on a holiday, the nomination period begins on the next day that is not a holiday.

If the last day of the nomination period would otherwise fall on a holiday, the nomination period ends on the last day before that day that is not a holiday.

Notice of nomination

At least 6 days but not more than 30 days before the nomination period begins, the chief election officer must issue a notice of nomination under this

section in accordance with

section 50 [public notice requirements] .

The notice must include the following information:

the offices for which candidates are to be elected;

the dates, times and places at which nominations will be received;

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

c.1

the expense limits,

made publicly available under

section 63.03 of the Local Elections Campaign Financing Act , that apply to the election area, or

if the election is a by-election, that apply to the election area under

section 63.04 of the Local Elections Campaign Financing Act ;

c.2

the third party advertising limits,

made publicly available under

section 41.3 (2) of the Local Elections Campaign Financing Act , that apply to the election area, or

if the election is a by-election, that apply to the election area under

section 41.4 of the Local Elections Campaign Financing Act ;

any other information required to be included by regulation under

section 168 [election regulations] .

The notice may include any other information the chief election officer considers appropriate.

The chief election officer may provide for additional notice of the call for nominations to be given to the public.

Nomination of candidates

A nomination for office as a member of a local government must be made in accordance with

section 87, separately for each candidate,

by at least 2 qualified nominators of the municipality or electoral area for which the nomination is made, or

if a bylaw under subsection (2) of this

section applies, by at least the minimum number of such persons as set by the bylaw.

A local government may, by bylaw, set the minimum number of qualified nominators as follows:

in relation to a municipality or electoral area that has a population of 5 000 or more, the minimum number of qualified nominators may be set at either 10 or 25;

in relation to a municipality or electoral area that has a population of less than 5 000, the minimum number of qualified nominators may be set at 10.

In order to be qualified as a nominator, a person

must be an elector of the municipality or electoral area for which the nomination is made, and

in the case of a nomination for an office to be filled on a neighbourhood constituency basis, must also be qualified as a resident elector or