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Volume 45, No. 5

B.C. Reg. 50/2002

The British Columbia Gazette,

Part II

March 26, 2002

B.C. Reg. 50/2002, deposited March 18, 2002, pursuant

to the REFERENDUM ACT [section 6]. Order in Council 219/2002, approved

and ordered March 15, 2002.

On the recommendation of the undersigned, the Lieutenant Governor,

by and with the advice and consent of the Executive Council, orders that the

attached Treaty Negotiations Referendum Regulation is made. — P. G.

PLANT, Attorney General and Minister Responsible for Treaty Negotiations;

G. CAMPBELL, Presiding Member of the Executive Council.

TREATY NEGOTIATIONS

REFERENDUM REGULATION

Definitions

1 In this regulation:

"ballot" means a ballot, in the form of the ballot in

Schedule 2, that sets out the referendum questions;

"close of voting" means the end of voting at 4:30 p.m. Pacific Daylight Time on May 15, 2002;

"Elections BC" means the office administered by the chief electoral officer under the Election Act;

"referendum" means the referendum conducted under

section 3;

"referendum official" means

(

a) the chief electoral officer or the deputy chief electoral officer, or

(

b) an individual appointed under

section 3 (3) by the chief electoral officer;

"referendum official responsible" means, in relation to referendum proceedings, the referendum official assigned responsibility for those proceedings by or under this regulation;

"registered" means, in relation to a voter, registered under

Part 4 of the Election Act;

"voting package" means the set of materials for the conduct of the referendum described in

section 6 (2).

Application of the Election Act

(1) The

definitions of "chief electoral officer" ,

"electoral district" , "inducement" , "intimidate" , "money" ,

"resident" , "residential address" , "Speaker" and "voter"

section 1 of the Election Act are adopted and apply for the purposes of this

regulation.

(2) Sections 2, 17 (

a) to (f), 20, 31 (1) (

a) and (

c) and (2), 32, 35 (1), 90, 134 (1) and (2), 251 to 254, 255 (1) (

a) and (c), (2) (

a) and (c), (3) to (5) and (7) (

a) and (b), 256 (1) (

a) and (c), (2) (

a) and (b), (3) and (4), 257 (1) (a), (b), (

d) and (

e) and (2), 260 (1) (

a) and (

b) and (2), 266 (1), (3) and (4), 277 (2) and (3), 279 (2) and 280 (3) of the Election Act are adopted and apply for the purposes of this regulation.

(3) The sections of the Election Act , as amended

in

Schedule 1, are adopted and apply for the purposes of this regulation.

(4) All references in the Election Act to "election",

in provisions of the Election Act adopted under subsections (1) to (3),

are deemed to read "referendum".

Conduct of the referendum

(1) There must be conducted in all electoral

districts in the Province of British Columbia, in accordance with the Referendum

Act and this regulation, a referendum on the questions set out in

Schedule

(2) The referendum must be conducted by the distribution of a voting package

(

a) to each registered voter in British Columbia, and

(

b) to each individual in British Columbia who

(

i) applies to Elections BC requesting a voting package, and

(ii) meets the requirements of

section 5.

(3) The chief electoral officer must appoint those referendum officials and other persons the chief electoral officer considers necessary to conduct the referendum.

Date of the referendum

(1) Distribution of the voting packages must

commence no later than April 2, 2002.

(2) The certification envelope containing the marked ballot must

(

a) be mailed or delivered to Elections BC or a government agent, and

(

b) be received by Elections BC or the government agent not later than the close of voting.

Who May vote

5 In order to vote in the referendum, an individual

must

(

a) be a Canadian citizen,

(

b) be 18 years of age or older on May 15, 2002,

(

c) have been a resident of British Columbia for at least 6 months immediately before May 15, 2002,

(

d) be registered as a voter in British Columbia or register as such in conjunction with voting, and

(

e) not be disqualified by the Election Act or

any other enactment from voting in the referendum or be otherwise disqualified

by law.

Voting packages and other materials

(1) The chief electoral officer is responsible

for arranging the preparation of the voting packages and other materials required

for the conduct of the referendum.

(2) The voting package must include all of the following:

(

a) an outer envelope for shipping the voting package;

(

b) a ballot;

(

c) a secrecy envelope for the marked ballot;

(

d) a certification envelope;

(

e) an instruction sheet advising the voter on the procedure for marking the ballot and how the secrecy envelope and certification envelope are to be used;

(

f) a postage-paid return envelope.

(3) If an individual requests a voting package, the voting package May include

(

a) a voter registration application form for voters who are registering in conjunction with the referendum voting, and

(

b) an instruction sheet on how to complete the voter registration application form.

(4) Certification envelopes must be prepared as follows:

(

a) with a space in which to record the full name and residential address of the individual who is voting;

(

b) with a printed declaration, to be signed by the individual who is voting, stating as follows:

"I declare that I am a registered voter, or am applying for registration, and that I have not previously voted in this referendum.";

(

c) with a space for change of name and change of residential address.

Application for a voting package

(1) An individual who is not a registered voter

in British Columbia, or an individual who is a registered voter in British Columbia

but did not receive a voting package, May apply to Elections BC to request the

voting package.

(2) An application under subsection (1) May be made up until 4:30 p.m. local time on May 1, 2002.

(3) An individual must not apply for more than one voting package for himself or herself, for a family member or for an individual in his or her care.

Registration in conjunction with voting in the referendum

(1) An individual who is not registered as a

voter in British Columbia may, in conjunction with voting in the referendum,

apply to register in accordance with this section.

(2) In order to register under this section, the individual must

(

a) complete an application form in accordance with

section 35 of the Election Act and include the form with the voting materials returned to Elections BC, and

(

b) satisfy the referendum official responsible of the applicant's identity and place of residence.

(3) For the purposes of subsection (2) (b), an individual must submit copies of 2 documents that provide evidence satisfactory to the referendum official of the applicant's identity and place of residence, at least one of which must contain the applicant's signature.

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

Updating registration information

(1) If a registered voter changes his or her

name, the voter May apply to update his or her registration information in conjunction

with the referendum voting by completing the change form provided on the certification

envelope, and must include with the voting materials returned to Elections BC

a copy of one piece of identification that shows the voter's new name and signature.

(2) If a registered voter changes the place where he or she is resident, the voter May apply to update his or her registration information in conjunction with the referendum voting by completing the change form provided on the certification envelope.

Voting using the voting package

(1) In order to vote using a voting package,

an individual must do all of the following:

(

a) mark the ballot with a cross or tick in either the blank space marked "Yes" or the blank space marked "No" opposite each question;

(

b) place the ballot in the secrecy envelope provided and seal the secrecy envelope;

(

c) place the secrecy envelope in the certification envelope provided and seal the certification envelope;

(

d) complete the certification envelope with the required information and sign the declaration printed on it for this purpose;

(

e) place the certification envelope in the return envelope provided;

(

f) if the individual is registering as a voter in conjunction with the referendum voting or updating voter registration information, enclose in the return envelope the application form and documents required by

section 8 (2) and (3) or 9 (1);

(

g) seal the return envelope;

(

h) forward the sealed return envelope containing the voting materials referred to in the previous paragraphs

(

i) to Elections BC at the official address printed on it, or

(ii) to a government agent

so that it is received by the close of voting.

(2) For the purposes of satisfying the requirements of subsection (1) (f), the individual must enclose copies rather than originals of documents with the application for registration or for updating voter registration information.

Individuals needing assistance to vote

(1) This

section applies to voters who are

unable to vote because of physical disability or difficulties with reading or

writing, or who require the assistance of a translator to read the ballot and

the instructions for voting.

(2) A voter referred to in subsection (1) May be assisted in voting by another individual.

(3) The individual assisting must not assist more than one voter in the referendum to mark a ballot.

(4) Despite subsection (3), the individual assisting May assist more than one member of the individual's family.

(5) The individual assisting must preserve the secrecy of the ballot, mark the ballot in accordance with the directions of the voter, and refrain from attempting in any manner to influence the voter as to how the voter should vote.

(6) If the voter is unable to sign the declaration on the certification envelope, a notation must be made on the certification envelope to that effect.

(7) If the assistance of a translator is required, the translator must make the translation to the best of his or her abilities.

(8) An individual does not vote by providing assistance under this section.

Replacement of spoiled ballot

(1) If a voter spoils a ballot before it is

returned to Elections BC, the voter May request a replacement ballot from Elections

BC who will instruct the voter on the appropriate handling of the spoiled ballot.

(2) The referendum official responsible must, upon issue of a replacement ballot, immediately make a notation on a record maintained for that purpose.

Receipt of voting materials

(1) A return envelope that is received as required

section 10 (1) (

h) must be dealt with by the referendum official responsible

as follows:

(

a) on receipt, the referendum official must open the return envelope;

(

b) if, on the basis of an included application for registration, the referendum official is satisfied that the individual is entitled to be registered as a voter, the referendum official must accept the application for registration and proceed in accordance with paragraph (c);

(

c) if satisfied that the certification envelope has been completed in accordance with this regulation, the referendum official must accept the certification envelope and set it aside for consideration under

section 14;

(

d) if the referendum official is not satisfied as referred to in paragraph (

b) or (c), the referendum official must note the reason on the certification envelope and must set the envelope aside to remain unopened.

(2) A return envelope that is not received as required by

section 10 (1) (

h) must be dealt with by the referendum official responsible as follows:

(

a) on receipt, the referendum official must open the return envelope and record the date of receipt on the certification envelope;

(

b) the referendum official must forward any enclosed application for registration as a voter or updated voter registration information as directed by the chief electoral officer, to be dealt with as if it had been received as part of general registration;

(

c) the certification envelope must remain unopened and must not be considered in the referendum.

Consideration of ballots from certification envelopes

(1) The certification envelopes, other than

those referred to in

section 134 (1) of the Election Act , must be opened

one at a time and dealt with as follows:

(

a) if a certification envelope contains more than one secrecy envelope,

(

i) the secrecy envelopes must be resealed in the certification envelope,

(ii) the certification envelope must be marked as having been dealt with under this provision, and

(iii) the certification envelope must not be reopened and the secrecy envelopes must remain unopened and any ballots in them must not be considered or counted;

(

b) if a certification envelope contains a ballot but no secrecy envelope, the referendum official responsible must place the ballot with other ballots to be counted, taking care to conceal any marking on the ballot from other individuals present;

(

c) if a secrecy envelope is uniquely marked, or otherwise uniquely dealt with, in such a manner that the voter could reasonably be identified, the referendum official responsible must open the secrecy envelope, remove the ballot and place it with other ballots to be counted, taking care to conceal any marking on the secrecy envelope and ballot from other individuals present;

(

d) if not otherwise dealt with under paragraphs (

a) to (c), a secrecy envelope must be removed from its certification envelope for opening in accordance with subsection (2).

(2) The remaining secrecy envelopes referred to in subsection (1) (

d) are to be opened one at a time and dealt with as follows:

(

a) if a secrecy envelope contains more than one ballot,

(

i) the ballots must be resealed in the secrecy envelope,

(ii) the secrecy envelope must be marked as having been dealt with under this provision, and

(iii) the secrecy envelope must not be reopened and the ballots in it must not be considered or counted;

(

b) if a secrecy envelope contains only one ballot, the ballot must be placed with other ballots for counting.

Ballot acceptance or rejection criteria

(1) Subject to subsections (2) and (3), any

of the following marks on a ballot is to be accepted and counted as a vote on

the question:

(

a) a cross in or partly in either the blank space marked "Yes" or the blank space marked "No" opposite each question;

(

b) a tick mark that is placed in the location referred to in paragraph (a);

(

c) a mark other than one referred to in paragraph (

a) or (

b) that

(

i) is placed in the location referred to in paragraph (a), and

(ii) clearly indicates the intention of the voter to vote on the question.

(2) A mark on a ballot must be rejected as a vote on a question by the referendum official responsible, without invalidating the entire ballot, under any of the following circumstances:

(

a) the ballot is marked with a cross or tick in both blank spaces opposite the question;

(

b) the ballot is not marked with a cross or tick in either blank space opposite the question;

(

c) the ballot does not clearly indicate the intention of the voter respecting the question;

(3) The entire ballot must be rejected by the referendum official responsible under any of the following circumstances:

(

a) the ballot physically differs from the ballots officially provided for the referendum;

(

b) there is any mark or notation on the ballot other than as permitted by subsection (1);

(

c) the ballot is uniquely marked, or has been otherwise uniquely dealt with, in such a manner that the voter could reasonably be identified;

(

d) the ballot has been altered in any way by the voter including, without limitation, the amendment of the wording of any question and any written comments.

Report to the Speaker

16 On completion of the count of ballots, the

chief electoral officer must report the results of the referendum to the Speaker.

Retention of referendum materials

(1) The ballots, opened certification envelopes

and unopened or resealed certification and secrecy envelopes must be retained

by the chief electoral officer for one year after the close of voting.

(2) At the end of the retention period under subsection (1), the materials must be destroyed unless a court orders otherwise.

Offences in relation to voting and counting proceedings

(1) An individual or organization who does

any of the following commits an offence:

(

a) contravenes

section 90 (2) of the Election Act

regarding the secrecy of the ballot;

(

b) is present at a place where counting proceedings are being conducted without being authorized by or under this regulation to be present;

(2) Subsection (1) (

b) does not apply to referendum officials and individuals authorized by the chief electoral officer to be present at the counting of ballots.

(3) An individual or organization who commits an offence under subsection (1) is liable to a fine of not more than $5 000 or imprisonment for a term not longer than one year, or both.

Schedule 1

(section 2 (3))

1 The sections of the Election Act under Column

1, amended as set out opposite in Column 2, are adopted and apply for the purposes

of the referendum.

Column 1

Section

Column 2

Amendment

10 (3)

strike out "an election, enumeration or plebiscite" and

substitute "the referendum"

strike out "Without limiting

section 29 (f)," and substitute "Without limiting

section 5 (

e) of this regulation,"

31 (1) (

b) strike out "an election" and substitute "the referendum" and strike out "on general voting day for the election" and substitute "at the close of voting"

31 (1) (

d) strike out "section 29 (f)," and substitute "section 5 (

e) of this regulation,"

35 (2)

strike out "the voter registration or election official" and substitute "the referendum official"

strike out "in the same general election or by-election" and substitute "in the referendum"

255 (1) (

b) and (2) (

b) strike out "a particular candidate or a candidate for a particular political party;" and substitute "a particular question"

256 (1) (

b) and (2) (

c) strike out "a particular candidate or a candidate for a particular political party;" and substitute "a particular question"

257 (1) (

c) strike out "one alternative absentee voting package" and substitute "one referendum voting package"

276 (1) (

c) strike out "this Act or a regulation under this Act" and substitute "the Referendum Act or a regulation under the Referendum Act"

277 (1)

strike out "this Act or a regulation under this Act" and substitute "the Referendum Act or a regulation under the Referendum Act"

279 (1) (

a) and (

b) and (3)

strike out "this Act" and substitute "this Act or the Referendum Act" wherever it occurs

280 (1)

strike out "this Act and the regulations under this Act" and substitute "this Act, the Referendum Act or a regulation under either" and strike out in both places "this Act" and substitute "this Act or the Referendum Act"

280 (2)

strike out "under this Act" and substitute "under this Act or the Referendum Act"

Schedule 2

(section 3 (1))

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