Section 2 (1) (d) BEFORE amended by BC Reg 145/2014, effective July 14, 2014.
(d) the person must not be disqualified by the School Act or any other enactment from voting in an election in British Columbia or from being elected or appointed to or holding office as a regional trustee of a francophone education authority, or be otherwise disqualified by law.
Section 2 (1) (c) BEFORE amended by BC Reg 13/2018, effective February 14, 2018.
(c) the person must have been a member of the francophone education authority for at least 120 days preceding the relevant time;
Section 3 (b) and (c) BEFORE amended and paragraph (d) was added by BC Reg 145/2014, effective July 14, 2014.
(b) a person who is disqualified under
(i) section 166.18 (6) or 166.19 (3) of the School Act, or
(ii) section 92 or 92.4 of the Local Government Act, as those sections apply to the election of regional trustees;
(c) a person who is prohibited from holding elected office under Division 17 of Part 3 of the Local Government Act as it applies to elections or voting on any matter under the School Act, the Local Government Act or any other Act.
Section 3 (d) BEFORE amended by BC Reg 310/2016, effective December 8, 2016.
(d) a person who is disqualified from holding office under Division 17 [Election Offences] of Part 3 of the Local Government Act as it applies under that Act, the Act or any other Act.
Section 4 (3) BEFORE amended by BC Reg 145/2014, effective July 14, 2014.
(3) Before declaring an intention to run for office as a regional trustee of a francophone education authority under section 7, the employee must give notice in writing to his or her employer of that intention.
Section 4 (3) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(3) Before declaring an intention to stand for election as a regional trustee of a francophone education authority under section 7 (1) (a), the employee must give notice in writing to his or her employer of that intention.
Section 6 (1) BEFORE amended by BC Reg 13/2018, effective February 14, 2018.
(1) In every year in which regional trustees of a francophone education authority are to be elected, the secrétaire trésorier of the authority must, at least 115 days before election day, provide notice to the members requesting that members who are prepared to stand for election as regional trustees declare their intention to do so.
Section 7 BEFORE amended by BC Reg 145/2014, effective July 14, 2014.
Intention to run for office
7 (1) At least 90 days before election day, the members of the authority who are prepared to stand for election as regional trustees in wards in which elections for those offices are to be held must provide to the secrétaire trésorier a written statement, signed by the member, in which the member declares an intention to stand for election as a regional trustee.
(2) The statement provided under subsection (1) must identify the ward in which the member is prepared to stand for election and must include the usual name of the person intending to stand for election as a regional trustee.
(3) A statement provided under subsection (1) must be accompanied by a solemn declaration of the person who intends to run for office that he or she is qualified under the Act and regulations to hold that office.
(4) A solemn declaration under subsection (3) must be
(a) made on oath or by solemn affirmation,
(b) made before a commissioner for taking affidavits for British Columbia, and
(c) signed by the person making the oath or solemn affirmation and by the person before whom it is made.
(5) Members who are already serving as regional trustees may declare an intention to run under subsection (1).
(6) At least 85 days before election day, the secrétaire trésorier must provide to each member of the francophone education authority, by electronic means or by mail, a list of all members planning to stand for election as regional trustee.
[am. B.C. Regs. 262/2005, ss. 2 to 4 and 5 (b) and (c); 388/2007, Sch. 3, s. 1 (a) to (c).]
Section 7 (7) and (8) were added by BC Reg 145/2014, effective July 14, 2014.
Section 7 (2) (h) (i) BEFORE amended by BC Reg 310/2016, effective December 8, 2016.
(i) under section 156 [regulations] of the Local Government Act, or
Section 7 (1) (part) and (6) BEFORE amended by BC Reg 13/2018, effective February 14, 2018.
(1) At least 90 days before election day, a member of a francophone education authority who is prepared to stand for election as a regional trustee for a ward must provide to the secrétaire trésorier, in writing, the following:
(6) At least 85 days before election day, the secrétaire trésorier must provide to each member of the francophone education authority, by electronic means or by mail, a list of all members planning to stand for election as regional trustee.
Section 7 (4) (c) BEFORE amended by BC Reg 13/2018, effective February 14, 2018.
(c) signed by the member making the oath or solemn affirmation and by the member before whom it is made.
Section 7 (1) (b) (i) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(i) that the member is acting as his or her own financial agent within the meaning of the Local Elections Campaign Financing Act, or
Section 7 (2) (b) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(b) the usual name of the member, if the full name of the member is different from the name the member usually uses and the member wishes to have his or her usual name on the ballot instead;
Section 7 (3) (a) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(a) that he or she is qualified under the Act to hold the office,
Section 8 (8) BEFORE amended by BC Reg 164/2010, effective July 1, 2010.
(8) The court may order that the costs of a challenge, within the meaning of the Supreme Court Rules, be paid in accordance with the order of the court.
Section 8 (3) (c) BEFORE amended by BC Reg 145/2014, effective July 14, 2014.
(c) that the usual name given under section 7 (2) is not in fact the usual name of the person.
Section 8 (7) (b) BEFORE amended by BC Reg 145/2014, effective July 14, 2014.
(b) declaring that the person is or is not entitled to have the usual name referred to in section 7 (2) used on the ballot.
Section 8 (2) BEFORE amended by BC Reg 13/2018, effective February 14, 2018.
(2) The time period during which a challenge may be made is between the time the member provides the secrétaire trésorier with a written statement under section 7 (1) and 4 p.m. on the 75th day before election day.
Section 10 (1) (part) BEFORE amended by BC Reg 13/2018, effective February 14, 2018.
(1) If the number of candidates for regional trustees exceeds the number of regional trustees to be elected in that ward, the secrétaire trésorier, at least 40 days before election day, must provide to each member who is entitled to vote in that ward the following in electronic or other form:
Section 12 (3) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(3) If the secrétaire trésorier directs the use of electronic equipment under subsection (2), he or she must certify the final vote count generated by the equipment if he or she is satisfied that the equipment accurately counted the votes submitted in accordance with the instructions.
Section 16 (3) BEFORE amended by BC Reg 145/2014, effective July 14, 2014.
(3) A member who is prepared to stand for election as regional trustee for the ward must, no later than 30 days after notice was sent under subsection (1), provide to the secrétaire trésorier
(a) a written statement, signed by the member, in which the member agrees to stand for election, and
(b) a solemn declaration referred to in section 7 (3) and (4).
Section 16 (1) BEFORE amended by BC Reg 13/2018, effective February 14, 2018.
(1) Within 10 days after a vacancy occurs for which a by-election is to be held under section 166.2 of the Act, the secrétaire trésorier of the francophone education authority must provide notice of a by-election to the members of the authority resident in the ward in which the vacancy has occurred.
Section 16 (5.1) was added by BC Reg 13/2018, effective February 14, 2018.
Section 16 (7) BEFORE repealed by BC Reg 82/2022, effective March 30, 2022.
(7) Subsection (6) does not apply to a by-election for a regional trustee of a francophone education authority held before the 2018 general local election.
Section 17 BEFORE repealed by BC Reg 145/2014, effective July 14, 2014.
Campaign financing and election offences
17 (1) Division 8 of Part 3 of the Municipal Act applies to the election of regional trustees of a francophone education authority
(2) If a person appointed or elected as a regional trustee is disqualified under the Municipal Act from being elected to or holding office as a regional trustee until after the next general election of regional trustees, the office to which the person was appointed or elected is deemed to be vacant.
(3) Division 17 of Part 3 of the Municipal Act applies to the election of regional trustees of a francophone education authority.
(4) A person who contravenes section 151, 152, 152.1 or 153 of the Municipal Act, as those sections apply to an election of regional trustees under subsection (3) of this section, commits an offence and is liable to the applicable penalties under section 154 of the Municipal Act.
(5) Section 153.1 of the Municipal Act applies in relation to an offence under subsection (4).
(6) For the purposes of subsections (1) and (3), the references in Divisions 8 and 17 of Part 3 of the Municipal Act are to be read in accordance with the following:
(a) a reference to a regional district board or local government is to be read as a reference to a francophone education authority;
(b) a reference to a jurisdiction or electoral area is to be read as a reference to a ward established under section 166.14 (8) of the Act for the francophone education authority;
(c) a reference to a regional district secretary or a municipal clerk is to be read as a reference to the secrétaire trésorier of the francophone education authority;
(d) a reference to the minister is to be read as a reference to the minister responsible for the School Act.
[am. B.C. Regs. 262/2005, s. 3; 388/2007, Sch. 3, s. 1 (a) to (c).]
Section 18 (3) and (4) BEFORE amended by BC Reg 145/2014, effective July 14, 2014.
(3) Division 15 of Part 3 of the Municipal Act, other than section 143 (2) to (4), applies to an application made under subsection (1).
(4) For the purposes of subsection (3), the references in Division 15 of Part 3 of the Municipal Act are to be read in accordance with the following:
(a) a reference to a municipality or regional district is to be read as a reference to a francophone education authority;
(b) a reference to a regional district secretary or municipal clerk is to be read as a reference to the secrétaire trésorier of the francophone education authority.
Section 18 (3) and (4) BEFORE amended by BC Reg 310/2016, effective December 8, 2016.
(3) Division 15 of Part 3 of the Local Government Act, other than section 143 (2) to (4), applies to an application made under subsection (1).
(4) For the purposes of subsection (3), a reference to a municipality or regional district in Division 15 [Declaration of Invalid Election] of Part 3 of the Local Government Act is to be read as a reference to a francophone education authority.
Section 18 (2) BEFORE amended by BC Reg 13/2018, effective February 14, 2018.
(2) The time limit for making an application under subsection (1) is 30 days after the declaration of official results under section 14.
Section 19 BEFORE re-enacted by BC Reg 310/2016, effective December 8, 2016.
Retention of election documents
19 (1) The secrétaire trésorier must retain voting records and other documents of an election for regional trustees for at least 30 days after the date on which the candidates are notified of the outcome of the election.
(2) If an application is made under section 18 of this regulation or section 166.18 (4) of the Act, the secrétaire trésorier must retain the documents referred to in subsection (1) until that application, including all appeals from it, is concluded.
[am. B.C. Regs. 262/2005, ss. 3 and 10; 388/2007, Sch. 3, s. 1 (a) and (c).]
Section 19.2 BEFORE amended by BC Reg 310/2016, effective December 8, 2016.
Adapting provisions of Local Elections Campaign Financing Act
19.2 For the purposes of section 19.1, references in the Local Elections Campaign Financing Act are to be read in accordance with the following:
(a) a reference to a designated local authority officer is to be read as a reference to the secrétaire trésorier of the applicable francophone education authority;
(b) a reference to a jurisdiction is to be read as a reference to a francophone education authority;
(c) a reference to a jurisdiction area is to be read as a reference to a francophone school district;
(d) a reference to a local authority is to be read as a reference to a board of regional trustees;
(e) a reference to a local election officer is to be read as a reference to the secrétaire trésorier of the applicable francophone education authority.
[en. B.C. Reg. 145/2014, s. 9.]
Section 19.2 (1) (c) BEFORE repealed by BC Reg 82/2022, effective March 30, 2022.
(c) a reference to a jurisdiction area is to be read as a reference to a francophone school district;
Section 19.2 (2) BEFORE repealed by BC Reg 82/2022, effective March 30, 2022.
(2) Subsection (1) (c) applies in relation to an election for regional trustee for a francophone education authority held before the 2018 general local election.
Section 19.6 (1) (part) and (2) (part) BEFORE amended by BC Reg 310/2016, effective December 8, 2016.
(1) For the purposes of applying section 16 [general information respecting candidate] of the Local Elections Campaign Financing Regulation, B.C. Reg. 106/2014, if
(2) For the purposes of applying section 36 [general information respecting third party sponsor] of the Local Elections Campaign Financing Regulation, if
Section 19.6 (3) was added by BC Reg 310/2016, effective December 8, 2016.
Section 19.6 BEFORE repealed by BC Reg 82/2022, effective March 30, 2022.
Disclosure requirements
19.6 (1) For the purposes of applying section 16 [general information respecting candidate] of the Local Elections Campaign Financing Prior to 2018 General Local Election Regulation, B.C. Reg. 106/2014, if
(a) the jurisdiction referred to in subsection (1) (b) of that section is a francophone education authority in relation to an election for a regional trustee under the Act, and
(b) the francophone education authority has more than one ward,
the candidate disclosure statement must include the ward in relation to which the person is a candidate.
(2) For the purposes of applying section 36 [general information respecting third party sponsor] of the Local Elections Campaign Financing Prior to 2018 General Local Election Regulation, if
(a) the jurisdiction referred to in subsection (1) (c) of that section is a francophone education authority in relation to an election for a regional trustee under the Act, and
(b) the francophone education authority has more than one ward,
the third party disclosure statement must include the ward in relation to which the third party sponsor is a candidate.
(3) This section does not apply in relation to the following:
(a) an election held before the 2014 general local election;
(b) the 2018 general local election;
(c) an election held after the 2018 general local election.
[en. B.C. Reg. 145/2014, s. 9; am. B.C. Reg. 310/2016, App. s. 8.]
Section 19.7 BEFORE amended by BC Reg 310/2016, effective December 8, 2016.
Local Government Act offences
19.7 (1) Division 17 [Election Offences] of Part 3 of the Local Government Act applies in relation to the election of regional trustees of a francophone education authority.
(2) If a person elected as a regional trustee is disqualified from holding office under Division 17 of Part 3 of the Local Government Act, the office to which the person was elected is deemed to be vacant.
[en. B.C. Reg. 145/2014, s. 9.]
Schedule A, English title and first line, and French title and first line BEFORE amended by BC Reg 310/2016, effective December 8, 2016.
Affirmation
I, ................................................[name], affirm that
Affirmation Solennelle
Je, ................................................[nom], affirme solennellement que
Schedule B French title BEFORE amended by BC Reg 310/2016, effective December 8, 2016.
DÉCLARATION DE VOTE
Schedule C French title BEFORE amended by BC Reg 310/2016, effective December 8, 2016.
Serment d'Entrée en Fonctions
Schedule C BEFORE amended by BC Reg 13/2018, effective February 14, 2018.
[am. B.C. Regs. 388/2007, Sch. 3, s. 1 (b) and (e); 310/2016, App. s. 13.]
Oath of Office
I, .............................................[name], do [swear] [solemnly affirm] that:
I am qualified to hold office as a regional trustee in the conseil scolaire francophone de la colombie-britannique and meet the regional trustee qualification requirements set out in the School Act and regulations;
I have not knowingly contravened the School Act or regulations in relation to my election as a regional trustee;
I will abide by the School Act and regulations and I will faithfully perform the duties of my office, and will not allow any private interest to influence my conduct in public matters;
I will comply with the requirements of the School Act and regulations that relate to conflict of interest and, in particular, I will comply with the requirements relating to disclosure of pecuniary and indirect pecuniary interest in a matter.
SWORN/AFFIRMED BEFORE ME
at ...........................[city], British Columbia
on ........................[date].
| ......................................................................... A commissioner for taking affidavits for British Columbia | ................................................. |
Serment d'entrée en fonctions
Je, .............................................[nom], déclare sous serment/affirme solennellement que:
je suis apte à occuper le poste de conseiller régional au sein du conseil scolaire francophone de la colombie-britannique et je satisfais aux normes de sélection des conseiller régionaux stipulées dans le School Act et les règlements;
je n'ai pas, à ma connaissance, enfreint les dispositions du School Act ou des règlements en ce qui à trait a mon élection comme conseiller régional;
je me conformerai aux stipulations du School Act et des règlements; je m'acquitterai fidèlment de mes fonctions et ne laisserai aucun intérêt personnel influencer ma conduite en matière publique;
je respecterai les exigences du School Act et des règlements relativement aux conflits d'intérêts et je respecterai, notamment, les exigences relatives à la divulgation d'intérêts pécuniares directs et indirects en quelque matière que ce soit.
DÉCLARÉ SOUS SERMENT/AFFIRMÉ SOLENNELLEMENT DEVANT MOI
à .....................................[ville], Colombie-Britannique
...............................[date] .
| ......................................................................... Commissaire à l'assermentation pour la Colombie-Britannique | ................................................. |
Schedule D BEFORE amended by BC Reg 145/2014, effective July 14, 2014.
[am. B.C. Regs. 277/2002, s. (b); 468/2004; 262/2005, s. 11; 254/2006; 388/2007, Sch. 3, s. 1 (f);
[en. B.C. Reg. 262/2005, s. 8; am. B.C. Reg. 147/2008, Sch. 1, ss. 4 and 5.]
1 The following ministerial orders apply for the purposes of Part 8.1 of the School Act:
(a) Board Authorized Course Order, M285/04;
(b) Repealed. [B.C. Reg. 254/2006, s. (a).]
(c) Designation of Purpose for Non-instructional Days Order, M122/93;
(d) Educational Program Guide Order, M333/99;
(e) Graduation Program Order, M302/04;
(f) Graduation Requirements Order, M205/95;
(g) Individual Education Plan Order, M638/95;
(h) Investigation by Superintendent Order, M151/89;
(i) Repealed. [B.C. Reg. 468/2004.]
(j) Permanent Student Record Order, M190/91;
(k) Provincial Fees Order, M140/89;
(l) Provincial Letter Grades Order, M192/94;
(m) Required areas of Study in an Educational Program Order, M295/95;
(n) School and Student Data Collection Order, M152/89;
(o) Board of Education Fees Order, M236/2007;
(p) and (q) Repealed. [B.C. Reg. 147/2008, Sch. 1, s. 4 (b).]
(r) Special Needs Students Order, M150/89;
(s) Student Credentials Order, M164/96;
(t) Student Learning Assessment Order, M60/94;
(u) Student Progress Report Order, M191/94;
(v) Student Records Disclosure Order, M14/91;
(w) Support Services for Schools Order, M149/89;
(x) Work Experience Order, M282/04.
2 The following orders in council apply for the purposes of Part 8.1 of the School Act:
(a) Board Insurance Order, OIC 1390/87;
(b) Board of Examiners Order, OIC 779/95;
(c) Repealed. [B.C. Reg. 147/2008, Sch. 1, s. 5.]
(d) Workers' Compensation Coverage Order, OIC 1117/2004.
3 The following regulations apply for the purposes of Part 8.1 of the School Act:
(a) Repealed. [B.C. Reg. 277/2002, s. (b).]
(b) School Calendar Regulation, B.C. Reg. 114/2002;
(c) sections 1, 3 to 7, 9, 10, 12 and 13 of, and the Appendix to, the School Regulation, B.C. Reg. 265/89;
(d) Class Size Regulation, B.C. Reg. 245/2002.