Elections — general

1   (1) Unless the credit union's rules otherwise provide, a ballot must contain votes for the number of directors required to be elected and a ballot indicating another intention is void.

(2) After the expiration of 30 days, the credit union may destroy any ballots, tallies, reports or other material related to an election of directors but shall retain the minutes pertaining to it.

(3) No member of a nominating committee or of a committee responsible for the conduct of an election is eligible to stand for office in that election.

Election of directors

2   (1) Unless the credit union's rules contain provisions for mail balloting or some other method of election, this section applies to an election of directors.

(2) Not later than 30 days before a meeting at which an election is to take place, unless a shorter time is provided by the rules of the credit union, the president shall appoint a nominating committee of not less than 3 persons who must be members of the credit union and who may, but need not, be directors of the credit union.

(3) After

(a) all nominations of the nominating committee, or

(b) nominations made by such other procedure as the rules of the credit union permit

have been placed before the meeting, the chair of the meeting shall call for nominations, if none have been placed before the meeting, or for further nominations, as the case may be, from the floor, and when the chair has called 3 times for nominations or further nominations or on motion duly adopted closing nominations, nominations shall be closed.

(4) After the close of nominations an election by secret ballot shall be held to fill the vacancies in the offices for which the election is being held or to appoint successors to those persons in office whose term of office has expired or will expire at the close of the meeting or on the election or appointment of their successors, or both; provided always that if the number of qualified persons nominated for the office is equal to or less than the number required to be elected or appointed at that time, those members shall be deemed to have been duly elected or appointed to hold that office pursuant to the rules of the credit union without the necessity of holding an election, on the declaration of the chair of the meeting to that effect.

(5) The conduct of an election by secret ballot, if any is required, unless the rules of the credit union otherwise provide, shall be in accordance with the directions of the chair of the meeting, unless before the taking of the ballot such procedure is challenged, in which event the procedure to be followed at the general meeting in the taking of the ballot, unless the chair is sustained by majority vote, shall be determined by a majority vote of those members present.

(6) In the event of a tie, the chair of the meeting shall have a second or deciding vote.

[am. B.C. Reg. 76/2022, s. 11.]

Where election of directors only by mail ballot

3   (1) To the extent that the rules of a credit union do not otherwise provide, where the rules provide for election of directors only by mail ballot, this section applies.

(2) At least 90 days before the date on which any directors to be elected are to take office, the president of the credit union shall appoint a nominating committee of not less than 3 persons who must be members of the credit union and may, but need not, be directors of the credit union.

(3) At least 60 days prior to the date on which any directors to be elected are to take office, the nominating committee shall notify all members of the credit union that an election of directors is to take place and shall invite the names of nominees to be submitted within a period specified by the notice, being not less than 30 days from the date of the giving of the notice.

(4) If the number of qualified persons nominated is less than the number of vacancies to be filled, the persons so nominated shall be declared elected or appointed and the remaining vacancies shall be filled at the annual general meeting next following, and the provisions of this regulation for elections where mail balloting is not provided for shall apply, save that the nominating committee appointed pursuant to this regulation shall constitute the nominating committee for the purposes of that election.

(5) If the number of qualified persons nominated for the offices to be filled is equal to the number of offices to be filled those persons shall be declared elected by acclamation.

(6) If the number of qualified persons nominated for election of directors exceeds the number of offices to be filled, the nominating committee shall mail to each member of the credit union under one cover

(a) a ballot listing alphabetically the names of all nominees,

(b) a ballot envelope with the single word "ballot" printed thereon,

(c) a ballot authentication envelope which must provide spaces for the name, address, membership number and signature of the member,

(d) an addressed envelope bearing the address of the credit union,

(e) a brief resume of each nominee listed alphabetically by the names of the nominees, and

(f) clear and concise instructions for casting a ballot and the return of it, specifying the date by which the ballot must be returned which shall be not less than 7 days prior to the date on which the persons to be elected are to take office.

(7) The nominating committee shall arrange for receipt of all ballots returned in the manner provided and shall

(a) tally all authentication envelopes,

(b) verify whether or not each ballot received was received within the time permitted and any ballot not received within the time permitted shall be void and not counted, and

(c) after the close of balloting separate each ballot envelope from each authentication envelope in a manner to ensure the secrecy of balloting, open each ballot envelope and count and tally all ballots.

(8) In the event of a tie, the chair of the nominating committee shall cast a deciding vote.

(9) The results of the election shall be announced at the next following general meeting after the balloting takes place.

[am. B.C. Reg. 76/2022, s. 11.]