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1997 Legislative Session: 2nd Session, 36th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

MR. WEISGERBER

BILL M 202 – 1997

SENATORIAL ELECTION ACT

Definitions

(1) In this Act

"candidate" means a person who completes the filing requirements under

section 8

in order to run as a candidate in a Senate election under this Act;

"chief electoral officer" means the chief electoral officer appointed under the

Election Act ;

"election day" means the day the Senate election is ordered to be held, under

sections 3 and 4;

"electors" means persons who are defined as electors under the Election Act , and

who at the time of an election under this Act, would be entitled to vote in a

general provincial election under that Act;

"general federal election" means an election held in accordance with the relevant

statute laws of the Parliament of Canada, to elect Members to that Parliament,

upon a dissolution of it by the Governor General;

"general local election" means a "general local election" as so defined for the

purposes of the Municipal Act ;

"general provincial election" means an election held pursuant to the Election Act ,

to elect Members to the Legislative Assembly of British Columbia, upon a

dissolution of that Assembly by the Lieutenant Governor;

"Senate election" means an election held under this Act, for the purpose of filling a

vacancy or vacancies among the members representing British Columbia in the

Senate of Canada; and,

"Senator Appointee-designate" means a person elected under this Act, for

inclusion in the list to be submitted to the Queen's Privy Council for Canada, for

the filling of vacancies among the members representing British Columbia in the

Senate of Canada.

(2) Except as provided in this Act, words and phrases used in this Act have the

meanings given to them in the Election Act .

Application of other Acts

(1) Where a matter arises in respect of an election under this Act, for which no

provision is made either in this Act or in the regulations made under this Act, the

relevant provisions of the Elections Act or the regulations made under the

Elections Act shall apply to that matter, with the necessary changes and so far as

possible.

(2) Section 2 (1) of the Financial Disclosure Act applies with respect to a person who

becomes a candidate under this Act.

Lieutenant Governor in Council must order a Senate election

(1) If one or more vacancies exist among the members representing British Columbia

in the Senate of Canada, the Lieutenant Governor in Council shall not submit a

list of prospective appointees to fill those vacancies, except in compliance with

this Act.

(2) When one or more vacancies exist among the members representing British

Columbia in the Senate of Canada, the Lieutenant Governor in Council shall,

subject to

section 4, order a Senate election under this Act, and shall create a list

of Senator Appointee-designates, in accordance with the provisions of this Act,

that shall be submitted to the Queen's Privy Council for Canada in accordance

with the timetable set out in

section 6.

Date of Senate election

(1) When vacancies arise among the members representing British Columbia in the

Senate of Canada, if a general local election is scheduled to be held within more

than three months but less than one year from the date when the vacancies arise,

the Senate election ordered under

section 3 must be ordered to be held in

conjunction with the general local election.

(2) If subsection (1) does not apply, and if a general provincial election must be held

within more than three months but less than one year from the date the vacancies

arise, the Senate election ordered under

section 3 may be ordered to be held in

conjunction with the general provincial election, or else must be held under

subsection (4).

(3) If subsections (1) and (2) do not apply, and arrangements may be made to do so

conveniently, then if a general federal election must be held within more than

three months but less than one year from the date when the vacancies arise, the

Senate election may be held in conjunction with the general federal election, or

else must be held under subsection (4).

(4) If subsection (1) does not apply, and it is not possible to hold the Senate election

in conjunction with the next general provincial election or the next general

federal election, then the Senate election shall be held at a date of the Lieutenant

Governor in Council's choosing, provided that not more than one year shall pass

from the time the vacancies arise, and the Senate election to fill them is to be held.

Proclamation

5 The proclamation of a Senate election, the date upon which it is ordered to be held,

and the authority under which that date was selected, shall be published forthwith in

the B.C. Gazette .

Timetable of Senate election

6 A Senate election held under this Act must conform to the following timetable:

(1) the campaign period shall start the day after a Senate election is ordered under

section 3 (2) and close the day before election day;

(2) a candidacy filing period shall open 25 days before the election day and shall

close 15 days before the election day;

(3) there shall be a period of one month after election day, for the recounting of

ballots as necessary, and for the filing of appeals, and other such measures under

this Act;

(4) a period of one month shall follow, from one month after election day, to two

months after that day, for the resolution of all electoral business arising from

requests for recounting of ballots, from the filing of appeals, and other such

measures under this Act;

(5) two months and one day after election day, the official results of the election shall

be proclaimed, and published in the B.C. Gazette ;

(6) two months and fifteen days after election day, the Lieutenant Governor in

Council shall submit the list of Senator Appointee-designates to the Queen's

Privy Council for Canada.

Advance polling

7 With the necessary changes and so far as possible, a Senate election held under this

Act may include advance polling, in the manner set out in the Election Act and in

regulations under the Election Act .

Who may be a candidate

8 Any elector may be a candidate in a Senate election, provided he or she submits,

before the close of the candidacy filing period, to the chief electoral officer, all the

information required of a candidate as prescribed in the regulations, together with the

signatures of at least 50 other electors from anywhere in the province, and such deposit

of money (if any) as is specified in the regulations.

Withdrawal or death of candidate

9 A candidate wishing to withdraw his or her candidacy shall do so as prescribed in the

regulations, and likewise if a candidate dies before election day the matter shall be

dealt with as set out in the regulations.

Limits on campaigning

10 Campaign conduct and campaign expenditures by candidates in a Senate election shall

be limited in the same ways as if they were campaigning for election as a Member of

the Legislative Assembly in a general provincial election under the Election Act .

Who may vote

11 Persons who are electors are entitled to vote in a Senate election.

Form of ballot

(1) Subject to subsection (2), the ballot in a Senate election may be in any form

specified in the regulations by the Lieutenant Governor in Council.

(2) The names of all candidates who have complied with the provisions of

section 8

shall appear on the ballot in a random order.

Voting and counting of ballots

13 Voting, and the counting of ballots in a Senate election shall be conducted in the same

way as if it were an election for a seat or seats on a municipal council, in a general

local election under the Municipal Act , with the necessary changes and so far as

possible.

Recounting of ballots and appeals

14 All the mechanisms for requesting ballot recounts and appealing municipal council

election results, and obtaining like remedies, that are set out in the Municipal Act , shall

be available, so far as possible and with the necessary changes, in the case of an

election under this Act.

Construction of list of Senator Appointee-designates

15 The Lieutenant Governor in Council shall construct the list of Senate Appointee-

designates for the purposes of

section 3 (2) by listing in order, by decreasing number

of valid ballots cast by electors in the Senate election, starting with the candidate

receiving the most such ballots, only so many candidates as are required to fill the

vacant Senate seats.

Disclaimer

(1) A candidate who has been declared elected under

section 13 may, by filing a

disclaimer with the chief electoral officer, in the prescribed form and within the

prescribed time period, request

(

a) that his or her name not be submitted to the Queen's Privy Council for

Canada, or

(

b) that if his or her name has already been submitted, the submission of his or

her name be withdrawn.

(2) The name of a candidate filing a disclaimer under subsection (1) shall not be

submitted, or shall be withdrawn, as the case may be, and the name of that

candidate shall be replaced on the list by the name of a candidate not on the list,

in accordance with the priority principles set out in

section 15.

(3) The filing of a disclaimer under subsection (1) does not affect any application for

appeal or recount by another candidate under

section 14, nor the right of that

other candidate to be declared elected if his or her application or appeal is

successful.

Representation

17 For greater clarity, candidates running under this Act for election to the Senate shall

be understood to be running at large, and Senators elected under this Act shall be

understood to have been elected at large, each to represent the interests of all British

Columbians in the Senate of Canada.

Administration

18 The chief electoral officer is charged with the administration of this Act.

Offences

(1) Subject to subsection (2), sections 251 to 267 of the Election Act apply with the

necessary changes and so far as possible to a Senate election as though it were an

election under the Election Act .

(2) No offence is created under this Act by any expenditure incurred by persons not

associated with any political party or candidate, for the purposes of expressing

their views about any party or candidate.

(3) The chief electoral officer is charged with investigating allegations of the

commission of offences under this Act.

Regulations

(1) The Lieutenant Governor in Council may make regulations for this Act in

Accordance with

section 41 of the

Interpretation Act .

(2) Without restricting the generality of subsection (1), the Lieutenant Governor in

Council may make regulations:

(

a) specifying, for the purposes of

section 8, the forms of documents to be filed

by an elector wishing to become a candidate, and such information as that

elector shall be required to provide, to become a candidate;

(

b) specifying, for the purposes of

section 8, the amount of a money deposit, not

exceeding $1,000.00, that an elector must deposit in order to become a

candidate, and the manner in which the deposit may be redeemed;

(

c) providing, for the purposes of

section 9, for the death of a candidate before

election day, and for whether and how a candidate wanting to withdraw his

or her candidacy before election day may do so;

(

d) specifying, for the purposes of

section 12 (1), the form of the ballot to be

used in a Senate election; and,

(

e) specifying, for the purposes of

section 16 (1), the form of a disclaimer, and

the time limit for its filing.

Consequential

21 The Senatorial Selection Act , S.B.C. 1990, c. 70 is hereby repealed.

Commencement

22 This Act comes into force by regulation of the Lieutenant Governor in Council.

Copyright © 1997: Queen's Printer, Victoria, British Columbia, Canada