Definitions

1   (1) In this Act:

"advance voting" means voting under section 97 at an advance voting opportunity;

"advance voting opportunity" means a voting opportunity under section 76;

"alternative voting option" means an option for voting under Division 5 of Part 6;

"assisted telephone voting" means voting in which an election official marks a ballot for an individual in accordance with the directions provided by the individual via telephone;

"auditor" means an auditor appointed under section 179;

"auxiliary compartment" means a section of the ballot box in which ballots can be temporarily stored

(a) in the event that vote-counting equipment fails to operate, or

(b) in any other event that requires temporary storage to facilitate voting proceedings;

"ballot printer" means the following:

(a) a printer that is able to print a ballot;

(b) any other prescribed electronic device that enables the printing of a ballot;

"by-election" means an election other than one conducted as part of a general election;

"calling an election" means calling an election within the meaning of section 26 (3);

"campaign period" means, in relation to an election, the period between when the election is called and the close of final voting for the election;

"campaign period election advertising" means the transmission to the public by any means, during the campaign period, of an advertising message that promotes or opposes, directly or indirectly, a registered political party or the election of a candidate, including an advertising message that takes a position on an issue with which a registered political party or candidate is associated, but does not include

(a) the publication without charge of news, an editorial, an interview, a column, a letter, a debate, a speech or a commentary in a bona fide periodical publication or a radio or television program,

(b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election,

(c) the transmission of a document directly by a person or a group to their members, employees or shareholders, or

(d) the transmission by an individual, on a non-commercial basis on the internet, or by telephone or text messaging, of the individual's personal political views;

"candidate" means an individual who is a candidate within the meaning of section 63, and for the purposes of Parts 10, 10.1 and 11 includes an individual who becomes a candidate or who was a candidate;

"candidate representative" means the financial agent of a candidate, the official agent of a candidate or another candidate representative appointed under Division 3 of Part 5;

"chief electoral officer" means an individual appointed under section 4 as Chief Electoral Officer or under section 9 as acting chief electoral officer;

"close of final voting" means the end of voting hours set under this Act for a final voting opportunity;

"constituency association" means an organization referred to in section 157 (1);

"contestant expense" means a contestant expense within the meaning of section 184;

"contributor confirmation" means a confirmation under section 235.04 (3) (a);

"contributor consent" means consent under section 235.04 (3) (b);

"district electoral officer" means a district electoral officer appointed under section 18;

"district registrar of voters" means a district registrar of voters appointed under section 22;

"election" means an election of an individual to serve as a member of the Legislative Assembly;

"election advertising" means the following:

(a) campaign period election advertising;

(b) pre-campaign period election advertising;

"election expense" means an election expense within the meaning of Division 2 of Part 10;

"election expenses limit" means the applicable limit established by Division 5 of Part 10;

"election official" means

(a) the chief electoral officer and the deputy chief electoral officer,

(b) an individual appointed as a district electoral officer or deputy district electoral officer under section 18,

(c) an individual appointed under section 19 (1), or

(d) an individual appointed as an election official for the purposes of section 108;

"election official responsible" means, in relation to election proceedings, the election official assigned responsibility for those proceedings under this Act or by the chief electoral officer or the district electoral officer;

"election opinion survey" means an opinion survey respecting an election or a matter of public discussion in relation to the election, including an opinion survey respecting an issue discussed publicly in the election;

"election period" means, in relation to an election, the period between when the writ for the election is issued and the date set for the return of that writ;

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

"Elections BC authorized internet site" means an internet site

(a) maintained by Elections BC, or

(b) authorized by the chief electoral officer to be used for purposes of this Act;

"electoral district" means an electoral district referred to in section 18 of the Constitution Act;

"electronic vote-counting machine" means a machine that scans a specified area on a ballot in order to count and tabulate votes;

"electronic voting book" means a voting book in electronic format;

"eligible individual" means an individual who is, or was immediately before the date of the individual's death,

(a) a resident of British Columbia, and

(b) a Canadian citizen or a permanent resident as defined in the Immigration and Refugee Protection Act (Canada);

"final count" means the count of votes conducted under Division 2 of Part 7;

"final voting" means voting under section 96 at a final voting opportunity;

"final voting day" means the day established by section 27;

"final voting opportunity" means a voting opportunity under section 75;

"financial agent" means a financial agent within the meaning of section 175;

"fundraising function" includes a social function held for the purpose of raising funds for the organization or individual by whom or on whose behalf the function is held;

"general election" means, collectively, elections called on the same date for all electoral districts to elect all members of the Legislative Assembly;

"holiday" means

(a) Sunday, Christmas Day, Good Friday and Easter Monday,

(b) Canada Day, Victoria Day, British Columbia Day, Labour Day, Remembrance Day, Family Day and New Year's Day,

(c) December 26, and

(d) a day set by the Parliament of Canada or by the Legislature, or appointed by proclamation of the Governor General or the Lieutenant Governor, to be observed as a day of general prayer or mourning, a day of public rejoicing or thanksgiving, a day for celebrating the birthday of the reigning Sovereign, or as a public holiday;

"incur" means,

(a) in relation to an election expense or contestant expense, using property or services in such a manner that the value of the property or services is an election expense or contestant expense, and

(b) in relation to an expense referred to in section 194, using property or services in such a manner that the value of the property or services would be an election expense if the property or services had been used by or on behalf of a candidate, registered constituency association or registered political party;

"independent" means, in relation to an individual, an individual who is not a representative of a political party, either as a member of the Legislative Assembly or as a candidate;

"inducement" includes money, gift, valuable consideration, refreshment, entertainment, office, placement, employment and any other benefit of any kind and, for certainty, does not include merely transporting an individual to or from a voting opportunity;

"initial count" means the count of votes conducted under Division 1 of Part 7;

"intimidate" means

(a) to use or threaten to use force, violence or restraint against an individual,

(b) to inflict injury, harm, damage or loss on an individual or property or to threaten to do any of these, or

(c) to otherwise intimidate an individual or to threaten to do anything that is otherwise intimidation of an individual;

"judicial recount" means a judicial recount of votes conducted under Division 3 of Part 7;

"leadership contestant" means an individual seeking the leadership of a registered political party, whether or not any other individual seeks that leadership, and for the purposes of Parts 10 and 11 includes an individual who becomes a leadership contestant or who was a leadership contestant;

"list of future voters" means the list of future voters under Division 4 of Part 4;

"list of voters" means a list of voters prepared under Divisions 1 to 3 of Part 4 that is all or part of the Provincial List of Voters referred to in section 45;

"mail-in voting package" means a mail-in voting package referred to in section 104.01;

"major political party" means a registered political party that has a representative appointed, or is eligible to appoint a representative under section 14, to the Election Advisory Committee;

"market value" means, in relation to property or services, the lowest price charged for an equivalent amount of equivalent property or services in the market area at the relevant time;

"money" includes cash, a negotiable instrument and a payment by means of a credit card;

"National Register of Electors information" means information in the Register of Electors under the Canada Elections Act that is provided to the chief electoral officer in accordance with an agreement under section 55 of that Act;

"newspaper" means a publication or local periodical that

(a) contains items of news and advertising, and

(b) is distributed at least weekly in the electoral district or other area that is affected by the matter for which notice is required by this Act to be published in a newspaper;

"nomination contestant" means an individual seeking nomination as a candidate representing a registered political party in an election, whether or not any other individual seeks that nomination, and for the purposes of Parts 10 and 11 includes an individual who becomes a nomination contestant or who was a nomination contestant;

"nomination documents" means the documents required by section 54 (2) and (3);

"nomination period" means the period during which nominations for an election are accepted under section 56;

"official agent" means the official agent of a candidate appointed under section 69;

"ordinary ballot" means a ballot referred to in section 86 (2);

"organization" means an incorporated or unincorporated organization;

"permissible loan" means a loan to

(a) an organization or individual as referred to in section 180 (1) (a) to (e), or

(b) a third party sponsor for the purpose of sponsoring election advertising

at a rate of interest that is not less than the prime rate of the principal banker to the government at the time the rate of interest for the loan is fixed;

"personal contestant expenses" means personal contestant expenses within the meaning of section 184 (4);

"personal election expenses" means personal election expenses within the meaning of section 183 (4);

"political contribution" means a political contribution within the meaning of Division 2 of Part 10;

"political party" means an organization referred to in section 155 (1);

"pre-campaign period" means the period beginning 60 days before the first day of a campaign period for a general election conducted in accordance with section 23 (2) of the Constitution Act and ending on the day before the first day of the start of the campaign period;

"pre-campaign period election advertising" means the transmission to the public by any means, during the pre-campaign period, of an advertising message that is sponsored by a third party sponsor and directly promotes or opposes a registered political party or the election of a candidate, but does not include

(a) the publication without charge of news, an editorial, an interview, a column, a letter, a debate, a speech or a commentary in a bona fide periodical publication or a radio or television program,

(b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election,

(c) the transmission of a document directly by a person or a group to their members, employees or shareholders, or

(d) the transmission by an individual, on a non-commercial basis on the internet, or by telephone or text messaging, of the individual's personal political views;

"Provincial list of voters" means the list of registered voters prepared under section 45;

"registered" means,

(a) in relation to a voter, registered under Part 4,

(b) in relation to a political party or constituency association, registered under Part 9, and

(c) in relation to a third party sponsor, an individual or organization registered as a third party sponsor under Division 3 of Part 11;

"resident" means resident within the meaning of section 32;

"residential address" means, in relation to voter registration and voting, an address that is sufficient within the meaning of section 35 (2);

"return of the writ" means the return of the writ for an election to the chief electoral officer in accordance with section 146;

"solemn declaration" means an oath or solemn affirmation in accordance with section 268;

"Speaker" means the Speaker of the Legislative Assembly and an individual lawfully acting as Speaker or, if the office is vacant, the Clerk of the Legislative Assembly or any officer lawfully performing the duties of the Clerk;

"special voting opportunity" means a voting opportunity under section 77;

"specified fundraising function" means a fundraising function that

(a) is attended by one or more of the following:

(i) a member of the Executive Council;

(ii) a parliamentary secretary;

(iii) a leader of a major political party, and

(b) is held for the purpose of raising funds for one or more of the following that holds the function or on whose behalf the function is held:

(i) a major political party;

(ii) a candidate who is a representative of a major political party;

(iii) a leadership contestant for a major political party;

(iv) a constituency association that is the local organization for a major political party;

(v) a nomination contestant for a major political party;

"sponsorship account" means an account opened under section 235.071 or 235.08;

"sponsorship contribution" means a sponsorship contribution within the meaning of sections 235.02 to 235.031, whether provided before or after the individual or organization acts as a third party sponsor;

"spouse" means a person who

(a) is married to another person, or

(b) is living with another person in a marriage-like relationship;

"tax receipt" means a receipt issued under section 4.722 of the Income Tax Act;

"third party sponsor" means an individual or organization, other than a candidate, registered political party or registered constituency association, that sponsors election advertising;

"volunteer" means, in relation to services, an individual providing the services as described in section 180 (5) (a);

"vote-counting equipment" means the following:

(a) an electronic vote-counting machine;

(b) any other prescribed equipment to count or tabulate votes;

"voter" means an individual who meets the qualifications referred to in section 31 to be registered as a voter under this Act;

"voter for a voting area" means a voter who is a voter for the electoral district for which the voting area is established and who is resident in that voting area;

"voter for an electoral district" means a voter who is qualified to be registered as a voter and to vote in an election for the electoral district;

"voter number" means the number assigned to a voter in a list of voters;

"voter registration official" means

(a) the chief electoral officer and the deputy chief electoral officer,

(b) a district registrar of voters or a deputy district registrar of voters appointed under section 22, and

(c) an individual appointed as a temporary voter registration official under section 23;

"voting area" means an area of an electoral district established as a voting area under section 80;

"voting book" means a book, in paper or electronic format, that includes the following information about voters:

(a) the name of a voter;

(b) the residential address of a voter;

(c) any other information about a voter specified by the chief electoral officer;

"voting hours" means the hours established under this Act for voting at a voting opportunity;

"voting opportunity" means a voting opportunity referred to in section 73 (a) to (c);

"voting place" means a voting place under section 75 for a final voting opportunity or under section 76 for an advance voting opportunity;

"voting station" means a location referred to in section 82 (1);

"writ" means, in relation to an election, an order of the chief electoral officer in the form of a writ under section 26 directing a district electoral officer to conduct an election for the electoral district;

"write-in ballot" means a ballot referred to in section 86 (5);

"youth" means a person who is 16 or 17 years of age.

(2) For the purposes of the definition of "pre-campaign period election advertising",

(a) an advertising message that directly promotes or opposes a registered political party is a message that

(i) names the political party or includes a logo or likeness of a logo used by the political party, or

(ii) includes anything else prescribed by regulation, or

(b) an advertising message that directly promotes or opposes the election of a candidate is a message that

(i) names the candidate, includes an image or likeness of the candidate or identifies the candidate by voice or physical description, or

(ii) includes anything else prescribed by regulation.

(3) Except in relation to sections 228.1, 231, 232, 264 (1) (b) and (c) and 283 (m.1), the transmission of an advertising message, for the purposes of the definitions of "campaign period election advertising" and "pre-campaign period election advertising", includes the following activities, if the activities are conducted on a commercial basis:

(a) canvassing voters, in person or by telephone, to attempt to influence how voters vote;

(b) mailing material that contains advertising messages.

Time

2   (1) Times set under this Act are to be local times for the place at which the applicable proceedings under this Act are being conducted, unless otherwise expressly provided by this Act.

(2) Subject to section 27 (4), if the time set under this Act for doing anything falls or ends on a holiday, the time is extended to the next day that is not a holiday.

Amendments do not apply for 6 months unless notice given

3   (1) Unless notice is given under subsection (2), an amendment to this Act does not apply to an election that is called within 6 months after the amendment comes into force.

(2) After consulting with the Election Advisory Committee, the chief electoral officer may have published in the Gazette a notice that the necessary preparations for the application of an amendment to this Act have been made and that the amendment applies to any election that is called after the publication.

Act does not inhibit government or members

3.1   (1) For greater certainty, nothing in this Act affects an officer, director, employee or agent of one of the following bodies in the doing of an act necessary for carrying out the proper function of the body:

(a) the government as reported through the consolidated revenue fund;

(b) a government corporation within the meaning of the Financial Administration Act other than one that is a government corporation solely by reason of being, under an Act, an agent of the government;

(c) a corporation or organization that, under generally accepted accounting principles, is considered to be controlled by

(i) the government as reported through the consolidated revenue fund, or

(ii) a government corporation within the meaning of the Financial Administration Act other than one that is a government corporation solely by reason of being, under an Act, an agent of the government.

(2) For greater certainty, nothing in this Act affects a member of the Legislative Assembly in the doing of an act necessary for the performance of the member's duties.

Appointment of chief electoral officer

4   (1) On the recommendation of the Legislative Assembly, the Lieutenant Governor must appoint as Chief Electoral Officer an individual who has been unanimously recommended for the appointment by a special Committee of the Legislative Assembly.

(2) The chief electoral officer is an officer of the Legislature.

Impartiality

5   (1) Before beginning to perform the duties of office, the chief electoral officer must make a solemn declaration before the Clerk of the Legislative Assembly to faithfully and impartially exercise the powers and perform the duties of office.

(2) The chief electoral officer is not entitled to vote in an election.

(3) The chief electoral officer must not

(a) hold another office or engage in other employment,

(b) be a member of, hold a position with or make a contribution to a registered political party, a registered constituency association or a political party or constituency association seeking registration, or

(c) in relation to the individual's candidacy, hold a position with or make a contribution to an individual who is, intends to be or was a candidate in an election.

Term of office

6   (1) The term of office for the chief electoral officer is from the date of appointment until 12 months after the date set for the return of the last writ for the second general election for which the chief electoral officer is responsible.

(2) The chief electoral officer may be reappointed to further terms of office.

Remuneration and pension

7   (1) The chief electoral officer

(a) must be paid out of the consolidated revenue fund a salary equal to the salary paid to the chief judge of the Provincial Court of British Columbia, and

(b) must be reimbursed for reasonable travelling and out of pocket expenses personally incurred in performing the duties of the office.

(2) Subject to subsection (3), the Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to the chief electoral officer.

(3) When calculating the amount of a pension under the Public Service Pension Plan, each year of service as chief electoral officer must be counted as 1 1/2 years of pensionable service.

(4) [Repealed 2003-62-1.]

Resignation, removal or suspension

8   (1) The chief electoral officer may resign at any time by notifying the Speaker.

(2) On the recommendation of the Legislative Assembly based on cause or incapacity, the Lieutenant Governor must, in accordance with the recommendation,

(a) suspend the chief electoral officer, with or without salary, or

(b) remove the chief electoral officer from office.

(3) If the Legislative Assembly is not sitting, the Lieutenant Governor in Council may suspend the chief electoral officer, with or without salary, for cause or incapacity.

(4) A suspension under subsection (3) ends not later than 30 sitting days of the Legislative Assembly after the suspension came into effect.

Acting chief electoral officer

9   (1) On the recommendation of the Legislative Assembly in any of the following circumstances, the Lieutenant Governor must appoint an acting chief electoral officer:

(a) the office of chief electoral officer is vacant;

(b) the chief electoral officer appointed under section 4 is suspended;

(c) the chief electoral officer appointed under section 4 is temporarily absent because of illness or another reason.

(2) The Lieutenant Governor in Council may appoint an acting chief electoral officer in any of the following circumstances:

(a) the office of chief electoral officer is or becomes vacant when the Legislative Assembly is not sitting;

(b) the chief electoral officer appointed under section 4 is suspended when the Legislative Assembly is not sitting;

(c) the chief electoral officer is removed or suspended or the office of the chief electoral officer becomes vacant when the Legislative Assembly is sitting, but no recommendation is made by the Legislative Assembly under subsection (1) or section 4 before the end of the session;

(d) the chief electoral officer appointed under section 4 is temporarily absent because of illness or another reason.

(3) An acting chief electoral officer holds office until the earliest of the following:

(a) a new chief electoral officer is appointed under section 4;

(b) the suspension of the chief electoral officer ends;

(c) the chief electoral officer returns to office after the temporary absence;

(d) in the case of an acting chief electoral officer appointed under subsection (2), when an acting chief electoral officer is appointed under subsection (1);

(e) at the end of 30 sitting days after the start of the next session of the Legislative Assembly.

(4) An individual may be reappointed as acting chief electoral officer in accordance with this section.

General staff of the chief electoral officer

10   (1) The chief electoral officer may appoint a deputy chief electoral officer and other employees necessary to enable the chief electoral officer to perform the duties of the office.

(2) The Public Service Act applies to appointments under subsection (1) and, for the purposes of that Act, the chief electoral officer is deemed to be a deputy minister.

(3) The chief electoral officer may also retain, on a temporary basis, other persons necessary to enable the chief electoral officer to perform the duties of the office in relation to short term administrative matters, including the preparation for and conduct of an election, enumeration or plebiscite.

(4) The Public Service Act does not apply to persons retained under subsection (3) and the chief electoral officer may establish their remuneration and the other terms and conditions of their retainers.

Expenses of administering Act

11   (1) All necessary expenses required for the administration of this Act or required to be paid by the chief electoral officer under this Act must be paid out of the consolidated revenue fund.

(2) The chief electoral officer must approve all amounts to be paid under the authority of this section, with this approval authority subject to any regulations of the Lieutenant Governor in Council.

(3) The Lieutenant Governor in Council may make regulations for the purpose of subsection (2).

Duties and powers of the chief electoral officer

12   (1) The chief electoral officer has the following duties in addition to all others established by this Act:

(a) to provide guidance and supervision respecting the voter registration procedures and the conduct of elections and plebiscites;

(b) to ensure that all other officials appointed under this Act carry out their duties with fairness and impartiality;

(c) to provide information to the public regarding the voter registration procedures and election proceedings under this Act;

(d) to ensure that this Act is enforced.

(2) The chief electoral officer has the following powers in addition to all others given by this Act:

(a) to make recommendations to the Legislative Assembly respecting amendments to this Act or other enactments affecting election matters;

(b) to issue to persons appointed or retained under this Act any information and guidelines the chief electoral officer considers necessary to ensure effective implementation of this Act;

(c) to require election officials and voter registration officials to follow the directions of the chief electoral officer regarding the performance of their duties and the exercise of their powers;

(d) to assign duties and related powers under this Act to election officials and voter registration officials;

(d.1) to specify the directions that election officials are to give, under this Act, to voters in voting proceedings;

(e) to delegate in writing to an individual appointed under section 10 (1), 18 (1) or (1.1) or 22 (1) the authority to exercise any power and perform any duty assigned to the chief electoral officer by this Act, other than the power to make regulations, subject to any limits or conditions imposed by the chief electoral officer;

(f) to prepare directives and guidelines for registered political parties, registered constituency associations, candidates, financial agents and auditors respecting this Act.

(3) The deputy chief electoral officer may perform the duties and exercise the powers of the chief electoral officer, other than the power to make regulations.

Reports to the Legislative Assembly

13   (1) The chief electoral officer must present the following reports to the Speaker:

(a) an annual report on the work done under the direction of the chief electoral officer;

(b) after each election or plebiscite, a report respecting the proceedings, the results and the costs;

(c) [Repealed 2003-96-14.]

(d) any recommendation under section 12 (2) (a) respecting amendments to this Act or another enactment affecting election matters;

(e) any report required under section 217, 221, 222 or 226 respecting a member of the Legislative Assembly who has failed to comply with Part 10.

(2) The chief electoral officer may present a special report to the Speaker if, in the chief electoral officer's opinion, the amounts and establishment for the office of the chief electoral officer permitted under section 11 (2), or the services provided by the BC Public Service Agency, are inadequate for fulfilling the duties of the office.

(3) The Speaker must lay a report of the chief electoral officer before the Legislative Assembly as soon as possible.

Establishment of Election Advisory Committee

14   (1) The Election Advisory Committee is established, consisting of the following:

(a) the chief electoral officer, as chair of the committee;

(b) 2 representatives appointed for each registered political party that is represented in the Legislative Assembly;

(c) one representative appointed for each registered political party that had candidates in at least 1/2 of all electoral districts at the immediately preceding general election and is not represented under paragraph (b).

(2) A member of the Legislative Assembly is not eligible to be a member of the committee.

(3) The appointment of a representative of a registered political party to the committee must be made in writing, signed by 2 principal officers of the political party and delivered to the chief electoral officer.

(4) An appointment under subsection (3) may be rescinded in the same manner.

(5) Unless earlier rescinded, an appointment under subsection (3) ends 30 days after the date set under section 26 (2) (c) for the return of the writs for the next general election.

(6) Representatives appointed under subsection (3) must be reimbursed by the chief electoral officer for their reasonable travelling and out of pocket expenses necessarily incurred while discharging their duties.

(7) An individual may be reappointed to the election advisory committee.

Meetings of committee

15   (1) Meetings of the committee may be called at any time by the chief electoral officer.

(2) If requested in writing by at least 1/3 of the members of the committee, the chief electoral officer must call a meeting of the committee as soon as reasonably possible.

(3) The proceedings of the committee must be conducted in accordance with any applicable regulations.

(4) The chief electoral officer must

(a) ensure that the minutes of the committee are made public after each meeting of the committee, and

(b) include in the annual report under section 13 (1) (a) the minutes of the committee for meetings during the applicable year.

Role of committee

16   (1) The role of the committee is to advise the chief electoral officer on the functioning of this Act, particularly regarding the provisions of this Act that relate to the financing of the political process.

(2) The chief electoral officer must consult with the committee as follows:

(a) periodically regarding the application of this Act;

(b) before publishing a notice under section 3 respecting the application of an amendment to this Act;

(c) before making a recommendation under section 12 (2) (a) respecting an amendment to this Act or another enactment;

(d) [Repealed 2003-96-15.]

(e) before making a regulation at any time other than during the election period for a general election.

(3) No recommendation or other decision of the committee is binding on the chief electoral officer.

Individuals prohibited from being appointed as election officials

17   The following individuals must not be appointed, accept appointment or act as an election official:

(a) a member of the Legislative Assembly or of the Executive Council;

(b) an individual who has served as a member of the Legislative Assembly in the session immediately before the election, or in the session then being held, if the election takes place during a session of the Legislature;

(c) a member of the House of Commons of Canada, of the Senate of Canada or of Her Majesty's Privy Council of Canada;

(d) a judge of the Court of Appeal, the Supreme Court or the Provincial Court;

(e) a master, registrar, district registrar or deputy district registrar of the Supreme Court;

(f) an individual who has been convicted of an offence under this Act or the Recall and Initiative Act within the period of 7 years immediately before the appointment;

(g) an individual who is a candidate or a candidate representative.

District electoral officers

18   (1) For each electoral district, the chief electoral officer must appoint

(a) a district electoral officer, who is to be responsible for the conduct of any election for the electoral district, and

(b) one or more deputy district electoral officers, who are to assist the district electoral officer.

(1.1) If an enactment establishes a new electoral district but the enactment does not come into force until a future time, the chief electoral officer may appoint a district electoral officer and one or more deputy district electoral officers for the future electoral district.

(2) If a district electoral officer is absent or unable to act, or if the office is vacant, the deputy district electoral officer must perform the duties and has the powers of the district electoral officer and, for these purposes, may appoint an individual to act as deputy district electoral officer for the period to which this applies.

(2.1) If more than one deputy district electoral officer is appointed for an electoral district, the chief electoral officer must designate which deputy district electoral officer is to act for the purposes of subsection (2).

(3) The term of appointment for a district electoral officer ends

(a) 6 months after final voting day for the first general election called after the appointment, or

(b) when the electoral district is disestablished,

whichever is earlier.

(4) As an exception to subsection (3), if an election for the electoral district is in progress at the end of the term of appointment for a district electoral officer, the chief electoral officer may extend the term of appointment for a specified period.

(5) The term of appointment for a deputy district electoral officer ends

(a) as specified by the chief electoral officer in the individual's appointment, or

(b) when the electoral district is disestablished,

whichever is earlier.

(6) An individual may be reappointed as a district electoral officer or deputy district electoral officer.

(7) A district electoral officer must not resign on less than 3 months' notice to the chief electoral officer, except with the consent of the chief electoral officer.

(8) A district electoral officer or deputy district electoral officer must not

(a) be a member of, be an employee of, hold a position with or make a contribution to a registered political party, a registered constituency association or a political party or constituency association seeking registration, or

(b) in relation to the individual's candidacy, be an employee of, hold a position with or make a contribution to an individual who is, intends to be or was a candidate in an election.

(9) The chief electoral officer may rescind the appointment of a district electoral officer or deputy district electoral officer before what would otherwise be the end of the individual's term of appointment on any of the following grounds:

(a) that the official is incapable, by reason of illness or otherwise, of satisfactorily performing the individual's duties under this Act;

(b) that the official has not followed a direction of the chief electoral officer;

(c) that the official has failed to competently discharge a duty of office to the satisfaction of the chief electoral officer;

(d) that, in the opinion of the chief electoral officer, the official has acted in a politically partisan manner during the term of the individual's appointment, whether or not this was done in the course of performing the individual's duties under this Act.

Election officials and staff

19   (1) If an election is called for an electoral district, the district electoral officer must appoint sufficient election officials required to conduct the election proceedings, taking into account any matters specified by the chief electoral officer under section 79.01.

(2) The district electoral officer may retain other persons necessary for the administration of an election in the electoral district.

Oath of office

20   Before undertaking duties under this Act, an individual appointed as an election official must make a solemn declaration that the individual

(a) will faithfully and impartially fulfill the duties,

(b) has not received and will not accept any inducement to perform the duties otherwise than impartially and in accordance with this Act or to otherwise subvert the election, and

(c) will preserve the secrecy of the ballot in accordance with section 90.

Terms of appointment

21   The Public Service Act does not apply to persons appointed or retained under this Division and the chief electoral officer may establish their remuneration and the other terms and conditions of their appointment or retainer.

District registrars of voters

22   (1) The chief electoral officer

(a) must appoint a district registrar of voters for each electoral district, who is to be responsible for the registration of voters within the electoral district, and

(b) may appoint one or more deputy district registrars of voters for an electoral district, who are to assist the district registrar of voters for the electoral district.

(2) The same individual may be appointed district registrar of voters for more than one electoral district.

(3) [Repealed 2004-51-3.]

Temporary voter registration officials

23   (1) For the purposes of voter registration proceedings in an electoral district, but subject to the direction of the chief electoral officer, the district registrar of voters may retain on a temporary basis individuals necessary for the proceedings and may appoint those individuals as voter registration officials.

(2) The Public Service Act does not apply to individuals retained under subsection (1) and the chief electoral officer may establish their remuneration and the other terms and conditions of their retainers.

Order for a general election

24   (1) For a general election to be held, the Lieutenant Governor in Council must issue an order under this section that

(a) directs the chief electoral officer to issue writs of election for all electoral districts,

(b) sets the date of issue for the writs of election, which must be the same for all writs,

(c) specifies the final voting day for the election in accordance with section 27 of this Act and section 23 of the Constitution Act, and

(d) directs that the writs of election be returned in accordance with this Act.

(2) If a general election is called before final voting day for a by-election that is in progress, the by-election is cancelled and the election for that electoral district is to take place as part of the general election.

Order for a by-election

25   (1) On receiving a warrant under the Constitution Act for a by-election, the chief electoral officer must notify the Lieutenant Governor in Council for the purposes of allowing the writ of election to be issued within the time limit established by that Act.

(2) For a by-election to be held, the Lieutenant Governor in Council must issue an order that

(a) directs the chief electoral officer to issue a writ of election for the electoral district,

(b) sets the date of issue for the writ of election,

(c) specifies the final voting day for the election in accordance with section 27, and

(d) directs that the writ of election be returned in accordance with this Act.

Election called when writ of election issued

26   (1) On receiving an order of the Lieutenant Governor in Council under section 24 or 25, the chief electoral officer must

(a) issue the writ or writs of election in accordance with the order,

(b) transmit each writ to the district electoral officer to whom it is addressed, and

(c) arrange for the writ or writs to be published in the Gazette.

(2) A writ of election must be substantially in the form of Form 1 as set out in the Schedule to this Act and must include the following:

(a) the dates for the start and end of the nomination period for nominations under section 56;

(b) the date of final voting day for the election;

(c) the day for the return of the writ, being the date on or before which the district electoral officer is to certify to the chief electoral officer the name of the individual elected as member of the Legislative Assembly.

(3) For the purposes of this Act, an election is called when the writ for the election is issued in accordance with the applicable order of the Lieutenant Governor in Council under section 24 or 25.

Final voting day

27   (1) Final voting day for an election,

(a) in the case of a general election conducted in accordance with section 23 (2) or (3) of the Constitution Act, and in the case of a by-election, is the 28th day after the date on which the election is called, and

(b) in the case of a general election that is not conducted in accordance with section 23 (2) or (3) of the Constitution Act, subject to subsection (3) of this section, is at least the 32nd day but no later than the 38th day after the date on which the election is called.

(2) Final voting day for a general election described in subsection (1) (a) must occur on a Saturday.

(3) Final voting day for a general election described in subsection (1) (b) must occur on a Saturday, and the date under subsection (1) (b) is to be determined accordingly.

(4) As an exception to subsections (2) and (3), if the day under subsection (1) falls on a holiday, final voting day is the next day that is not a holiday.

Notice of election

28   (1) Within 8 days after an election is called, the chief electoral officer must publish or direct the district electoral officer to publish a notice of election in accordance with section 270.

(2) The notice of election must include the following:

(a) the dates, times and places at which nominations will be received by the district electoral officer during the nomination period;

(b) how interested individuals can obtain information on the requirements and procedures for making a nomination;

(c) the dates and voting hours for final voting and advance voting, in the event that an election by voting is required;

(d) any other information the chief electoral officer considers should be included.

(3) The notice of election must also be posted in the office of the district electoral officer throughout the nomination period.

(4) The chief electoral officer may direct or authorize the district electoral officer to provide for additional notice of the election to be given to the public.

Who may vote

29   In order to vote in an election for an electoral district, an individual must

(a) be a Canadian citizen,

(b) be 18 years of age or older on final voting day for the election,

(c) be a resident of the electoral district,

(d) have been a resident of British Columbia for at least 6 months immediately before final voting day for the election,

(e) be registered as a voter for the electoral district or register as such in conjunction with voting, and

(f) not be disqualified by this Act or any other enactment from voting in the election or be otherwise disqualified by law.

Individuals disqualified from voting

30   Without limiting section 29 (f), the following individuals are not entitled to vote in an election:

(a) the chief electoral officer and the deputy chief electoral officer;

(b) [Repealed 2003-37-11.]

(c) an individual who is prohibited from voting under Part 12.

Who may register as a voter

31   (1) An individual must meet all the following qualifications in order to register as a voter:

(a) the individual must be a Canadian citizen;

(b) the individual must be

(i) an individual who is 18 years of age or older at the time of registration, or

(ii) an individual who is not 18 years of age but who, on final voting day for an election, will be 18 years of age;

(c) the individual must be

(i) an individual who has been a resident of British Columbia for the immediately preceding 6 months, or

(ii) an individual who has not been a resident of British Columbia for the immediately preceding 6 months but who, on final voting day for an election, will have been a resident of British Columbia for the immediately preceding 6 months;

(d) the individual must not be disqualified from voting under section 29 (f).

(1.1) An individual described in subsection (1) (b) (ii) or (1) (c) (ii) may not register before the date that is 90 days before the final voting day for an election for the electoral district for which the individual will be entitled to vote on registration.

(2) An individual who is registered but who ceases to meet the qualifications referred to in subsection (1) is not entitled to continue to be registered.

Rules for determining where an individual is resident

32   (1) The following rules apply to determine for the purposes of this Act the place where an individual is resident:

(a) an individual is a resident of the place where the individual lives and to which, whenever absent, the individual intends to return;

(b) an individual may be the resident of only one place at a time for the purposes of this Act;

(c) an individual does not change the place where the individual is a resident until the individual has a new place where the individual is a resident;

(d) an individual does not cease being a resident of a place by leaving the place for temporary purposes only.

(2) Without limiting subsection (1) (d), a temporary purpose within the meaning of that subsection includes being absent from British Columbia

(a) while the individual is engaged in the service of the government of British Columbia or Canada,

(b) as the spouse of an individual referred to in paragraph (a), or

(c) as an individual who is in a child-parent relationship with an individual referred to in paragraph (a) or (b) and who is accompanying that individual for this reason.

(3) As an exception to subsection (1), if for the purposes of attending an educational institution an individual establishes a new place where the individual is a resident that is away from the usual place where the individual is a resident, the individual may choose for the purposes of this Act either the usual place or the new place as the place where the individual is a resident.

(4) As an exception to subsection (1), an individual who is imprisoned in a penal institution is not by that imprisonment a resident of the place where the penal institution is located, but instead is deemed for the purposes of this Act to be a resident of whichever of the following the individual chooses:

(a) the place where the individual was a resident before being imprisoned;

(b) the place where a spouse, parent or dependant of the individual is a resident within the meaning of subsection (1);

(c) if the individual is unable to provide an address under paragraph (a) or (b), either

(i) the place where the individual was arrested, or

(ii) the place of the last court where the individual was convicted and sentenced.

(5) Temporary residential quarters are considered to be an individual's place of residence only if the individual has no other place that the individual considers to be the individual's residence.

(6) For the purposes of this Act, an individual who has no dwelling place may register as a voter on the basis that the individual's place of residence is a shelter, hostel or similar institution that provides food, lodging or other social services.

When an individual may register

33   (1) An individual may apply to be registered as a voter at any of the following registration opportunities:

(a) general registration in accordance with section 36;

(b) a special registration opportunity under section 39;

(c) registration in conjunction with voting in accordance with section 41 or 41.1;

(d) registration during an enumeration under section 42.

(2) If satisfied on the basis of the application for registration in accordance with section 35 that an individual is entitled to be registered as a voter, the voter registration or election official responsible must accept the application and register the individual.

(3) An individual becomes registered as a voter when his or her application for registration is accepted by the voter registration or election official responsible.

Updating registration information

34   (1) If a registered voter changes the place where he or she is resident, changes his or her name or otherwise changes the information required regarding registration, the voter may apply to update his or her registration information at any of the registration opportunities referred to in section 33.

(2) This Act, as it applies to registration as a voter, applies to the updating of voter registration information, except that

(a) an application for the updating may be made in any manner acceptable to the official responsible for accepting applications for voter registration, and

(b) if the voter remains a voter for the same electoral district, the official responsible may waive the requirements of section 41 (2) (b) or 41.1 (2) (b).

Application for registration

35   (1) An application for registration as a voter must be on a form specified by the chief electoral officer and must include the following information:

(a) the full name of the applicant;

(b) the address of the place where the applicant is a resident within the meaning of section 32;

(c) the mailing address of the applicant, if this is different from the address referred to in paragraph (b);

(d) the birth date of the applicant or other identifying information prescribed by regulation;

(e) any other information required to be included by regulation;

(f) a confirmation that the applicant meets the requirements of section 31 to be registered as a voter.

(2) For the purposes of subsection (1) (b), an address of an applicant that indicates the place where the applicant is resident within the meaning of section 32 is sufficient if, in the opinion of the voter registration or election official accepting the application, it indicates that place for the purpose of determining the voting area of which the applicant is a resident.

(3) On request, a district registrar of voters must provide an application form without charge to each individual wishing to register as a voter.

(4) On request, the chief electoral officer must provide a reasonable number of application forms without charge to a registered political party or registered constituency association for the organization to use in assisting individuals to register as voters.

General registration

36   (1) Registration under this section must be available except during a closed period under section 37.

(2) An individual may apply to register as a voter by

(a) delivering an application form completed in accordance with section 35 to

(i) the chief electoral officer,

(ii) a district registrar of voters or another voter registration official authorized by a district registrar of voters, or

(iii) an individual authorized as agent under section 38, or

(b) providing orally to a district registrar of voters or another voter registration official authorized by a district registrar of voters

(i) the information referred to in section 35 (1) (a) to (e), and

(ii) confirmation that the applicant meets the requirements of section 31 to be registered as a voter.

(3) Applications under subsection (2) must be received at the office of any district registrar of voters during its regular office hours and may be received at other times and places authorized by the chief electoral officer or a district registrar of voters.

(4) The officials responsible for accepting applications under this section are the chief electoral officer, the district registrars of voters and any voter registration officials authorized by the chief electoral officer.

Closed period for general registration

37   (1) Applications for registration as a voter for an electoral district must not be received under section 36 (2) during the period beginning on a day specified by the chief electoral officer and ending on the 2nd day after final voting day for the election.

(2) As soon as possible after an election is called, the chief electoral officer must have published in accordance with subsection (3) a notice of the day specified under subsection (1) and stating that from that date an individual may only register or update voter registration information in conjunction with voting.

(3) The notice under subsection (2) must be published on the internet and in one or more newspapers circulating in the affected electoral district such that publication is made throughout the electoral district, if this is possible.

Registration through agencies

38   (1) The chief electoral officer may authorize persons other than voter registration and election officials to act as agents of the chief electoral officer for receiving

(a) applications for voter registration,

(b) applications for updating voter registration information, or

(c) applications for inclusion in the list of future voters.

(2) Applications for voter registration must not be received under this section during a closed period under section 37.

(3) If a form or other document under another enactment is specified by regulation, despite any restriction or prohibition in the other enactment,

(a) the form or document may be combined with

(i) an application for voter registration,

(ii) an application for updating voter registration information, or

(iii) an application for inclusion in the list of future voters, and

(b) the persons responsible for receiving that form or document may act as agents for the chief electoral officer in relation to this Division.

(4) As an exception to section 35, the chief electoral officer may accept a copy of an application received under this section as an application for voter registration or updating voter registration information.

(4.1) As an exception to section 51.02 (3), the chief electoral officer may accept a copy of an application received under this section as an application for inclusion in the list of future voters.

(5) The officials responsible for accepting applications under this section are the chief electoral officer and any voter registration official authorized by the chief electoral officer.

Special voter registration opportunities

39   (1) The chief electoral officer may require or authorize a district registrar of voters to arrange a special registration opportunity at which individuals may attend to register.

(2) A special registration opportunity must not be held during the closed period for general registration under section 37.

(3) To register under this section, an individual must deliver an application form completed in accordance with section 35 to the voter registration official responsible at the special registration opportunity.

(4) The official responsible for accepting applications under this section is the district registrar of voters.

Registration and updating based on National Register of Electors information

39.1   The chief electoral officer may, on the basis of National Register of Electors information and without any application by the individuals involved,

(a) register as voters those individuals who appear to be qualified to register as voters, and

(b) update current voter registration information.

Automatic updating of information about voters and future voters

40   (1) In this section, "provincial identity information services provider" has the same meaning as in the Freedom of Information and Protection of Privacy Act.

(2) The chief electoral officer may, for the following purposes, request that the Insurance Corporation of British Columbia under the Motor Vehicle Act and a provincial identity information services provider provide information contained in records kept by the corporation or, as applicable, the provincial identity information services provider:

(a) updating voter registration information;

(b) updating the list of future voters;

(c) contacting youth to provide information about the list of future voters.

(3) Subject to subsection (4), on receiving a request under subsection (2), the Insurance Corporation of British Columbia and a provincial identity information services provider must provide the information to the chief electoral officer.

(4) If an individual makes a written request to the Insurance Corporation of British Columbia or the provincial identity information services provider that the corporation or provincial identity information services provider not provide to the chief electoral officer personal information respecting the individual, the corporation or provincial identity information services provider must arrange for that information to be excluded from the information provided under subsection (2) to the chief electoral officer.

Registration in conjunction with voting if identification documents available

41   (1) An individual who is not registered as a voter may register in accordance with this section in conjunction with voting.

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

(a) deliver an application form completed in accordance with section 35 to the district electoral officer or an election official authorized by the district electoral officer, and

(b) satisfy that official of the applicant's identity and place of residence in accordance with subsection (3).

(3) For the purposes of subsection (2) (b), an applicant may produce to the election official

(a) one document, issued by the Government of British Columbia or Canada, that contains the applicant's name and photograph, and place of residence,

(b) one document, issued by the Government of Canada, that certifies that the applicant is registered as an Indian under the Indian Act (Canada), or

(c) at least 2 documents of a type authorized by the chief electoral officer, both of which contain the applicant's name and at least one of which contains the applicant's place of residence.

(3.1) The chief electoral officer must publish each year, in a manner that he or she considers appropriate, a notice setting out the types of documents that are authorized for the purposes of subsection (3) (c).

(4) The election official receiving an application must note on the application the nature of the documents produced for the purposes of subsection (2) (b).

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

Registration in conjunction with voting if no identification documents

41.1   (1) In this section, "voucher" means a person, other than the applicant, referred to in subsection (2).

(2) Despite section 41, an applicant who is unable to produce the documents referred to in section 41 (3) may be registered as a voter in conjunction with voting if

(a) the applicant delivers an application form completed in accordance with section 35 to the district electoral officer or an election official authorized by the district electoral officer, and

(b) both the identity and place of residence of the applicant are confirmed in accordance with subsection (3) of this section by one of the following who has produced documents referred to in section 41 (3):

(i) a voter registered in the applicant's electoral district of residence;

(ii) a spouse, parent, grandparent, adult child, adult grandchild or adult sibling of the applicant;

(iii) a person having authority under the common law or an enactment to make personal care decisions in respect of the applicant.

(3) The applicant and the voucher must each make a solemn declaration, in writing, as to the applicant's identity and place of residence within the meaning of section 32, and stating all of the following:

(a) in the case of the applicant,

(i) that the applicant meets all the qualifications to be registered as a voter of the electoral district, and

(ii) the matters set out in section 111 (4) (b) to (e);

(b) in the case of a voucher described in subsection (2) (b) (i),

(i) that the voucher is a person described in subsection (2) (b) (i), and

(ii) the matters set out in section 111 (4) (b) to (d);

(c) in the case of a voucher described in subsection (2) (b) (ii) or (iii),

(i) that the voucher is a person described in subsection (2) (b) (ii) or (iii), as applicable, and setting out the nature of the relationship to the applicant, and

(ii) the matters set out in section 111 (4) (d).

(4) A voucher may make a confirmation under subsection (3) in the same election,

(a) if the voucher is a voucher described in subsection (2) (b) (i), in respect of only one applicant,

(b) if the voucher is a voucher described in subsection (2) (b) (ii), in respect of only one or more applicants who are members of the voucher's family, or

(c) if the voucher is a voucher described in subsection (2) (b) (iii), in respect of only one or more applicants for whom the voucher has authority as described in that subsection.

(5) A person who has been confirmed under subsection (3) may not confirm another applicant at the same election.

(6) The election official receiving an application must

(a) advise both the applicant and the voucher of

(i) the requirements of this section, and

(ii) the penalties for which the applicant and the voucher may be liable for a contravention of those requirements, and

(b) note on the application that a confirmation was made for the purposes of registration.

(7) If satisfied that the applicant is entitled to be registered as a voter, the election official responsible must accept the individual's application for registration.

Challenge of registration

41.2   (1) An individual's right to register under section 41 or 41.1 may be challenged in accordance with this section at any time during the registration procedure up until the time the individual's application for registration is accepted by the election official responsible.

(2) A challenge may be made

(a) only by an election official, a candidate representative or a voter for the electoral district, and

(b) only on the basis that the individual applying to register is not entitled to register.

(3) In relation to a challenge under this section, the election official responsible must record on the application

(a) that the individual was challenged,

(b) the name of the individual who made the challenge, and

(c) whether and how the individual challenged satisfied the requirements of section 41 or 41.1.

Enumerations

42   (1) The chief electoral officer may require or authorize one or more district registrars of voters to conduct enumerations of all or part of their electoral districts.

(2) An enumeration may be conducted by residence-to-residence visitation or by another method directed or authorized by the chief electoral officer.

Cancellation of enumeration if election called

43   (1) If an election is called while an enumeration is in progress, the chief electoral officer may cancel the enumeration.

(2) In the case of a by-election, the chief electoral officer may cancel the enumeration in relation to individuals registering as voters for the electoral district for which the election is being held and continue the enumeration for other individuals.

(3) If an enumeration is cancelled, applications for voter registration or updating voter registration information received as part of the enumeration that is cancelled are void and only those individuals who were registered as voters before the start of the enumeration are registered voters.

Voter registration officials conducting enumeration

44   (1) While conducting an enumeration, each voter registration official must wear or carry identification provided by the chief electoral officer and must produce it on request.

(2) A voter registration official has authority to enter an apartment building, other multiple residence building or area of multiple residences during reasonable hours for the purpose of conducting the enumeration of voters in the building or area, and a person having charge of the building or area must allow the official to enter the building or area for this purpose.

(3) An individual must not obstruct a voter registration official in conducting an enumeration.

Provincial List of Voters to be maintained

45   (1) The chief electoral officer must maintain a record, to be known as the Provincial List of Voters, of those individuals registered as voters.

(2) The Provincial list of voters must include the names of voters, the places where they are resident and other information required to be included in an application for registration that the chief electoral officer considers should be included in the list.

(3) The chief electoral officer or the district registrar of voters may authorize other voter registration officials to assist in the duties under this Division and may authorize those officials to exercise the powers of the district registrar of voters under this Division.

Updating the Provincial list of voters

46   (1) The chief electoral officer may amend voter registration information on the Provincial list of voters to correctly show the information regarding a voter that the chief electoral officer considers to be current.

(2) The chief electoral officer may remove the name of an individual from the Provincial list of voters as follows, in which case the individual is no longer registered as a voter:

(a) if satisfied that the individual is no longer alive;

(b) if satisfied that the individual is not qualified to be registered as a voter or is fictitious;

(c) if the individual requests in writing that his or her registration as a voter be cancelled;

(d) if, on an enumeration, it appears that the individual is no longer resident in the electoral district for which he or she is registered as a voter;

(e) if satisfied that the individual is no longer resident at the address on the voters list and unable to obtain a current address of the place where the individual is a resident within the meaning of section 32.

(3) [Repealed 2004-51-7.]

Preparation of list of voters for use in election

47   (1) For each election for an electoral district, the chief electoral officer must have prepared a list of voters for the electoral district.

(2) Only a list of voters prepared under subsection (1) may be used for the purposes of conducting an election.

(3) The list of voters for an electoral district must

(a) include information about voters as specified by the chief electoral officer, and

(b) be updated at the times specified by the chief electoral officer, until the date specified by the chief electoral officer under section 37 (1), with information about voters that the chief electoral officer considers to be current information.

(4) The form of a list of voters for an election is in the discretion of the chief electoral officer.

(5) The chief electoral officer must have a copy of the list of voters provided to

(a) the district registrar of voters, and

(b) the district electoral officer of the electoral district.

Access to list of voters during election

48   (1) Each candidate in an election for an electoral district is entitled without charge to a copy of the list of voters prepared under section 47 as follows:

(a) the chief electoral officer must provide each candidate with an electronic copy of the list of voters for the electoral district as follows:

(i) as soon as practicable after the election is called;

(ii) as soon as practicable after the date specified by the chief electoral officer under section 37 (1);

(b) if requested by a candidate who is not able to use the electronic copy provided under paragraph (a), the district registrar of voters must provide the candidate with a printed copy of the list of voters for the electoral district.

(2) A copy of the most current list of voters prepared under section 47 must be available for public inspection in the office of the district electoral officer of the electoral district during its regular office hours from the time the list is provided under section 47 (5) until the close of final voting.

Objection to the registration of a voter

49   (1) The registration of an individual whose name appears on a list of voters prepared under this Act may be objected to in accordance with this section.

(2) An objection must be delivered to the district registrar of voters for the electoral district of which the individual is shown as a resident.

(3) An objection that is received after the start of the closed period for general registration under section 37 must not be dealt with until after the end of that period.

(4) An objection may be made

(a) only by a voter, and

(b) only on the basis that the individual whose name appears on a list of voters

(i) has died, or

(ii) is not qualified to be registered as a voter for the electoral district.

(5) An objection must be made in writing, signed by the individual making it, and include the following:

(a) the name and address of the individual against whose registration the objection is made, as shown on the list of voters;

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

(c) the name and address of the individual making the objection.

(6) On receiving an objection, the district registrar of voters must make a reasonable effort to notify the individual against whom the objection is made of the objection, the individual who made the objection and the basis on which it is made.

Resolving objections

50   (1) An objection on the basis that an individual has died must be resolved in accordance with the following:

(a) the district registrar of voters must have a search made of the records under the Vital Statistics Act;

(b) if a record of death is found, the district registrar of voters must remove the individual's name from the list of voters;

(c) if a record of death is not found and the district registrar of voters is unable to contact the individual, the objection must be resolved in accordance with subsection (2) (c) and (d).

(2) An objection on the basis that an individual is not entitled to be registered as a voter must be resolved in accordance with the following:

(a) if, after receiving notice of the objection, the individual provides proof satisfactory to the district registrar of voters of the individual's entitlement to be registered or makes a solemn declaration as to that entitlement, the individual's name is to stay on the list of voters;

(b) if, after receiving notice of the objection, the individual does not provide proof of entitlement or make a solemn declaration as to entitlement, the district registrar of voters must remove the individual's name from the list of voters;

(c) if the district registrar of voters is unable to contact the individual who is subject to the objection, the district registrar of voters must require the individual who made the objection to provide satisfactory evidence of the basis of the objection and, if this is done, must remove the name from the list of voters;

(d) if the individual who made the objection does not provide satisfactory evidence as required by paragraph (c), the name is to stay on the list of voters.

(3) If a change is made as a result of an objection after the list of voters for the electoral district is prepared, the district registrar of voters must

(a) amend the copy of the list of voters provided by the chief electoral officer to show the change and initial the amendment, and

(b) notify the chief electoral officer of the change so that the Provincial list of voters may be amended.

Lists of voters generally

51   (1) The chief electoral officer may prepare and provide a list of voters to an individual or organization requesting it and may charge a fee for preparing and providing the list.

(2) On request and on payment of the reasonable costs of reproduction, the chief electoral officer must provide the following:

(a) to a registered political party or member of the Legislative Assembly, a list of voters;

(b) to a registered political party,

(i) in respect of the most recent general election, a list of voters that indicates which voters on the list voted in that election, and

(ii) in respect of a by-election that takes place between the date of the most recent general election and the date the next general election is called, a list of voters that indicates which voters on the list voted in that by-election;

(c) to a candidate or an individual who was a candidate in an election referred to in subparagraph (i) or a by-election referred to in subparagraph (ii),

(i) in respect of the most recent general election, a list of voters in the electoral district for which the individual is a candidate or was a candidate that indicates which voters on the list voted in that election, and

(ii) in respect of a by-election that takes place between the date of the most recent general election and the date the next general election is called, a list of voters in the electoral district for which the individual is a candidate or was a candidate that indicates which voters on the list voted in that by-election.

(3) For the purpose of tracing unauthorized use of lists of voters, including a list of voters used for election purposes, the chief electoral officer may have fictitious voter information included in a list of voters.

(4) Despite any other provision of this Act, the chief electoral officer may prepare a list of voters, including a list of voters used for election purposes, that omits or obscures the address of a voter or other information about a voter in order to protect the privacy or security of the voter.

Voter participation information

51.01   (1) On request, an election official responsible must provide to a candidate, a candidate representative or a registered political party, without charge and in the manner and at the times directed by the chief electoral officer, the following information in relation to each voter who votes at a final voting opportunity and each voter who votes at an advance voting opportunity:

(a) the voter number, unless paragraph (b) applies;

(b) if the voter registered or updated the voter's voter registration information in conjunction with voting, the information that the chief electoral officer considers appropriate.

(2) On request, the chief electoral officer may provide, or direct the district electoral officer to provide, to a candidate, a candidate representative or a registered political party, without charge and in the manner and at the times directed by the chief electoral officer, the following information in relation to each voter who votes at a special voting opportunity and each voter who votes using an alternative voting option:

(a) the voter number, unless paragraph (b) applies;

(b) if the voter registered or updated the voter's voter registration information in conjunction with voting, the information that the chief electoral officer considers appropriate.

List of future voters

51.02   (1) The chief electoral officer may establish and maintain a list of future voters consisting of youths who are

(a) Canadian citizens, and

(b) resident in British Columbia.

(2) The chief electoral officer

(a) may include youths in the list of future voters who have applied in accordance with subsection (3) to be included, and

(b) may, without any application by the youth involved, include youths in the list of future voters who meet the requirements set out in subsection (1) and are in the Register of Future Electors under the Canada Elections Act.

(3) An application for inclusion in the list of future voters must be submitted on a form specified by the chief electoral officer and must include the following information:

(a) the full name of the applicant;

(b) the residential address of the applicant and, if different, the mailing address of the applicant;

(c) the birth date of the applicant or other identifying information prescribed by regulation;

(d) a confirmation that the applicant meets the requirements set out in subsection (1);

(e) any other information prescribed by regulation.

(4) The chief electoral officer may

(a) amend information in the list of future voters to correctly show the information that the chief electoral officer considers to be current regarding a youth, and

(b) update the list of future voters by using information from the Register of Future Electors under the Canada Elections Act.

(5) The chief electoral officer may remove the name of an individual from the list of future voters as follows:

(a) if the chief electoral officer is satisfied that the youth is not qualified to be included in the list of future voters;

(b) if the youth requests in writing that the youth be removed from the list;

(c) if the chief electoral officer is satisfied that the youth no longer has the residential address provided to the chief electoral officer;

(d) if the chief electoral officer is satisfied that the youth is deceased.

(6) The chief electoral officer must transfer information about an individual included in the list of future voters from that list to the list of voters

(a) when the individual reaches 18 years of age, or

(b) when the individual is eligible to register as a voter in the 90 days before final voting day.

(7) When the chief electoral officer transfers information about an individual under subsection (6), the individual is a registered voter.

(8) The chief electoral officer may provide information obtained under this section to the chief electoral officer under the Canada Elections Act for the purposes of section 46 of that Act.

(9) Despite any other provision of this Act or any other Act, information obtained by the chief electoral officer under this section may be used only for the following purposes:

(a) the establishment and maintenance of the list of future voters;

(b) the transfer of information under subsection (6);

(c) the provision of information under subsection (8).

(10) For certainty, the list of future voters may not be used for a commercial purpose or disclosed to candidates, constituency associations, political parties, candidate representatives, financial agents of candidates, or representatives or financial agents of constituency associations and political parties.

Who may be nominated

52   (1) To be qualified for nomination as a candidate for office as a member of the Legislative Assembly, an individual must

(a) be a Canadian citizen,

(b) be 18 years of age or older on final voting day for the election,

(c) have been a resident of British Columbia for at least 6 months immediately before the individual becomes a candidate, and

(d) not be disqualified by this Act or any other enactment from voting in an election or from being nominated for, being elected to or holding office as a member of the Legislative Assembly, or be otherwise disqualified by law.

(2) At any one time, an individual is not entitled to be nominated as a candidate for more than one electoral district.

Who may make nominations

53   (1) A nomination must be made by at least 75 voters for the electoral district for which the election is being held.

(2) For any one election an individual may not be a nominator for more than one candidate.

(3) Even if one or more of the nominators is not qualified in accordance with this section, a nomination is valid as long as the nomination is made by at least the minimum number of qualified nominators.

Nomination documents

54   (1) A nomination must be made in writing in accordance with this section.

(2) A nomination must be signed by the nominators and must include the following information:

(a) the electoral district for which the individual is being nominated;

(b) the full name of the individual nominated;

(c) the usual name of the individual nominated, if this is different from the full name and the individual wishes to have his or her usual name on the ballot instead;

(d) the residential address of the individual nominated;

(e) if applicable, the name of the registered political party that the individual is nominated to represent;

(f) if the individual is nominated as an independent candidate and wishes to have that status indicated on the ballot, a statement requesting this;

(g) the names and residential addresses of the nominators.

(3) A nomination must be accompanied by the following:

(a) a signed declaration of each nominator that he or she is qualified as a voter for the electoral district for which the election is being held;

(b) a signed consent of the individual nominated to the nomination;

(c) a signed statement of the individual nominated that he or she is qualified to be nominated;

(d) in the case of an individual making a request under subsection (2) (c), a signed statement of the individual that the name requested to be used on the ballot is his or her usual name;

(e) in the case of an individual making a request under subsection (2) (f), a signed statement of the individual that he or she is independent;

(f) the appointment of the auditor in accordance with section 179 and a signed consent of the auditor to act as such;

(g) either

(i) a statement that the individual nominated is acting as his or her own financial agent, or

(ii) the appointment of an individual as financial agent in accordance with section 176 and a signed consent of the individual to act as such;

(h) the appointment of any deputy financial agents in accordance with section 178 and the signed consents of the individuals to act as such;

(i) a statement signed by the individual nominated of an address at which documents will be accepted for delivery to or service on the individual and a telephone number at which the individual can be contacted;

(j) the disclosure required by section 2 (1) of the Financial Disclosure Act.

(4) [Repealed 2016-4-22.]

(5) The chief electoral officer may require nomination documents, other than the disclosure under the Financial Disclosure Act, to be made in a form specified by the chief electoral officer.

Nomination deposit

55   (1) In order to be effective, a nomination must be accompanied by a deposit of $250.

(2) The nomination deposit under subsection (1) must be held by the chief electoral officer to be dealt with as follows:

(a) if the financial agent of the individual for whom it is paid files with the chief electoral officer, within 90 days after final voting day for an election, an election financing report under section 209, the nomination deposit is to be returned to the financial agent;

(b) if the individual for whom it is paid dies before the close of final voting for the election, the nomination deposit is to be returned to the financial agent of the individual or to another person determined by the chief electoral officer;

(b.1) if the nomination deposit is in relation to a nomination under section 57 for an electoral district that is disestablished before an election is held, the nomination deposit is to be returned to the financial agent of the individual for whom it was paid;

(c) in other cases, the nomination deposit is forfeited and is to be paid to the consolidated revenue fund.

Nomination by filing documents with the district electoral officer

56   (1) In order to make a nomination under this section, the nomination documents required by section 54 (2) and (3) must be received by the district electoral officer,

(a) in the case of a general election conducted in accordance with section 23 (2) or (3) of the Constitution Act, between the time the election is called and 1 p.m. on the 7th day after the election is called,

(b) in the case of a general election that is not conducted in accordance with section 23 (2) or (3) of the Constitution Act, between 9 a.m. on the 3rd day after the election is called and 1 p.m. on the 11th day after the election is called, or

(c) in the case of a by-election, between 9 a.m. on the 3rd day after the election is called and 1 p.m. on the 7th day after the election is called.

(2) As exceptions to subsection (1),

(a) if the first day of the nomination period would otherwise fall on a holiday, the nomination period begins at 9 a.m. on the next day that is not a holiday, and

(b) if the end of the nomination period would otherwise fall on a holiday, the nomination period ends at 1 p.m. on the next day that is not a holiday.

(3) Times referred to in this section are Pacific Standard Time or Pacific Daylight Saving Time, as applicable.

(4) For the purposes of this section, nomination documents must be received at the office of the district electoral officer during its regular office hours and may be received at other times and places during the nomination period as allowed by the district electoral officer.

(5) The obligation to ensure that nomination documents are received in accordance with this section rests with the individual nominated.

(6) Once all the required nomination documents and the required nomination deposit have been received, the district electoral officer must accept the documents for filing unless the individual appears from those documents to be ineligible for nomination.

(7) If nomination documents are not accepted for filing because they are defective, they may be completed, corrected or substituted before the end of the nomination period.

(8) When all the required nomination documents are accepted for filing, the district electoral officer must issue to the candidate a certificate indicating that the individual is a candidate in the election.

(9) The district electoral officer must forward the nomination deposits received under this section to the chief electoral officer.

Standing nominations filed with the chief electoral officer

57   (1) Nomination documents may be filed with the chief electoral officer at any time up until,

(a) in the case of a general election conducted in accordance with section 23 (2) or (3) of the Constitution Act, the end of the day before the date the election is called, or

(b) in the case of a by-election, or a general election that is not conducted in accordance with section 23 (2) or (3) of the Constitution Act, the end of the day before the nomination period begins under section 56.

(2) The nomination deposit must be received by the chief electoral officer before nomination documents are accepted for filing under subsection (1).

(3) A nomination under this section is completed when the following documents are accepted for filing by the chief electoral officer:

(a) the disclosure required by section 2 (1) of the Financial Disclosure Act;

(b) the signed statement of the individual nominated that he or she is qualified to be nominated.

(4) [Repealed 2008-41-16.]

(5) The obligation to ensure that nomination documents are received in accordance with this section rests with the individual nominated.

(6) Once all the required nomination documents and the required nomination deposit have been received, the chief electoral officer must accept the documents for filing unless the individual appears from those documents to be ineligible for nomination.

(7) If nomination documents are not accepted for filing because they are defective, they may be completed, corrected or substituted before the day on which the nomination period begins under section 56.

(8) When all the required nomination documents are accepted for filing, the chief electoral officer must issue, after the election is called, to the candidate a certificate indicating that the individual is a candidate in the election.

(9) Subject to subsection (9.1), as soon as possible after the end of the period for making nominations under this section, the chief electoral officer must deliver to the applicable district electoral officer a copy of

(a) the certificate under subsection (8),

(b) the disclosure under the Financial Disclosure Act, and

(c) the other nomination documents filed under this section.

(9.1) Subsection (9) does not apply in relation to an individual whose nomination is withdrawn under this Act.

(10) At any time before the individual nominated becomes a candidate, the nomination may be withdrawn by the individual nominated delivering to the chief electoral officer a withdrawal signed by the individual.

(11) [Repealed 2008-41-16.]

(12) If an electoral district is disestablished after nomination documents are filed under this section in relation to the electoral district, the nomination is cancelled.

(13) If an enactment establishes a new electoral district but the enactment does not come into force until a future time, the chief electoral officer may accept nomination documents under this section for the future electoral district.

Changes to nomination documents after filing

58   After nomination documents have been accepted for filing, they may be amended by the district electoral officer or the chief electoral officer on the basis of information provided by the candidate in writing, but only in relation to matters of fact that have changed since the time of filing.

Nomination documents available for public inspection

59   (1) Nomination documents filed under section 56 must be available for public inspection at the office of the district electoral officer during its regular office hours until they are sent to the chief electoral officer under subsection (4).

(2) Nomination documents filed under section 57 must be available for public inspection

(a) at the office of the chief electoral officer during its regular office hours until they are sent to the district electoral officer under section 57 (9), and

(b) at the office of the district electoral officer during its regular office hours from the time they are received from the chief electoral officer until they are returned to the chief electoral officer.

(3) A copy of the required disclosure under the Financial Disclosure Act must be made available by the district electoral officer for the purposes of subsection (1) and by the chief electoral officer for the purposes of subsection (2).

(4) The district electoral officer must send the nomination documents under subsections (1) and (2) to the chief electoral officer when returning the writ for the election.

(5) Nomination documents received by the chief electoral officer under subsection (4) must be available for public inspection at the office of the chief electoral officer during its regular office hours until one year after the return of the writ for the election.

Information about nomination contests

59.01   (1) A registered political party must provide to the chief electoral officer, within 14 days of the end of a nomination contest, a notice in a form specified by the chief electoral officer that must include the following information:

(a) the date established as the beginning of the nomination contest;

(b) the date the nomination contest concluded;

(c) the name, mailing address and telephone number of each nomination contestant and of the financial agent of each nomination contestant, including of a nomination contestant who withdrew from the contest after the date described in paragraph (a);

(d) the name of the nomination contestant being endorsed by the party under section 60;

(e) any other information prescribed by regulation.

(2) For certainty, a notice under subsection (1) is required even if a nomination contestant is acclaimed or appointed by the registered political party to represent the party as a candidate.

Endorsement of candidate by registered political party

60   (1) In order for a candidate to represent a registered political party in an election, a written endorsement of the candidate signed by at least 2 principal officers of the political party must be made by one of the following means:

(a) in all cases, by filing the endorsement with the chief electoral officer before the end of the nomination period;

(b) in the case of an individual nominated under section 56, by filing the endorsement with the district electoral officer before the end of the nomination period.

(2) For a general election, an endorsement under subsection (1) (a) may be made as a single document endorsing candidates for a number of electoral districts.

(3) At any time up until the end of the nomination period, the status of a candidate as representative of a registered political party may be cancelled by

(a) the candidate delivering to the district electoral officer or chief electoral officer a written request to this effect signed by the candidate, or

(b) the registered political party delivering to the district electoral officer or chief electoral officer a written request to this effect signed by at least 2 principal officers of the political party.

(4) If a request under subsection (3) is received, the individual nominated remains a candidate but ceases to be a candidate representing the registered political party.

(5) A registered political party may not at any one time be represented by more than one candidate in an election for a single electoral district.

Declaration of candidates and election

61   (1) Immediately following the end of the nomination period under section 56, the district electoral officer must publicly declare the following:

(a) that the nomination period for the election is closed;

(b) that the individuals whose nomination documents have been accepted for filing are candidates in the election, subject only to a court order under section 66;

(c) the names of the individuals who are candidates in the election;

(d) if there is more than one candidate for the office to be filled, that an election by voting is to be held and the final voting day for that election;

(e) if there is only one candidate for the office to be filled, that the candidate is elected by acclamation.

(2) The district electoral officer must deliver a certified list of the candidates declared under subsection (1) to each of those candidates who requests it.

(3) As soon as possible after the declaration, the district electoral officer must provide the chief electoral officer with the names of the candidates, the registered political parties they represent, if applicable, and any other information the chief electoral officer directs.

(4) In the case of an election by acclamation, as soon as possible after the declaration, the district electoral officer must return the writ of election to the chief electoral officer certifying the name of the individual elected.

Notice of election by voting

62   (1) As soon as possible after the declaration of an election by voting, the district electoral officer must publish a notice of election in accordance with section 270.

(2) The notice of election must include the following information:

(a) the names of the candidates in the order and as the names will appear on the ballots;

(b) as applicable, the status of each candidate as the representative of a registered political party or as an independent candidate;

(c) the date, voting hours and voting places for final voting;

(d) the dates, voting hours and voting places for advance voting;

(d.1) the identification requirements for voting and for registering to vote in conjunction with voting;

(e) how an individual may obtain information regarding other opportunities for voting in the election.

When an individual is a candidate

63   (1) An individual becomes a candidate when all the required nomination documents are accepted for filing and a certificate is issued by the district electoral officer under section 56 (8) or by the chief electoral officer under section 57 (8).

(2) A candidate continues to be a candidate until the date of the return of the writ for the election, unless the individual earlier withdraws, dies or is declared under section 66 to no longer be a candidate.

Withdrawal of candidate

64   (1) At any time up until 48 hours before the start of advance voting, a candidate may withdraw from the election by delivering a signed withdrawal to the district electoral officer.

(2) The candidate's signature on a withdrawal must be witnessed by at least one other individual who must sign the withdrawal as witness.

(3) If only one candidate remains after a withdrawal, the district electoral officer must declare the candidate elected by acclamation and must as soon as possible after the declaration return the writ of election to the chief electoral officer certifying the name of the individual elected.

Death of candidate

65   (1) If a candidate dies before the end of the nomination period, the nomination period ends on whichever of the following is later:

(a) the end of the nomination period under section 56;

(b) 1 p.m. on the 6th day after the date of death.

(2) If a candidate dies between the end of the nomination period and the close of final voting,

(a) the original election proceedings under the writ for the election are cancelled and election proceedings must be started again as if the writ for the election were issued on the day on which the chief electoral officer received proof of the death, and

(b) no new nomination documents and deposit are required for a candidate in the original election proceedings and the individual is deemed to be a candidate in the continued election unless he or she withdraws.

Challenge of candidate

66   (1) The nomination of a candidate may only be challenged by an application to the Supreme Court in accordance with this section.

(2) The time period during which an application may be made is between the time the individual becomes a candidate in accordance with section 63 (1) and noon on the 4th day after the end of the nomination period.

(3) A challenge may only be made by a voter of the electoral district for which the election is being held or by another candidate for the election in the electoral district.

(4) A challenge may only be made on one or more of the following bases:

(a) that the individual is not qualified to be nominated or elected;

(b) that the nomination was not made in accordance with Division 1 of this Part;

(c) that the individual is not in fact nominated as an independent candidate, as stated in the nomination documents;

(d) that the usual name given under section 54 (2) (c) in the nomination documents is not in fact the usual name of the individual.

(5) At the time the petition commencing a challenge is filed in the court registry, the court

(a) must set a time for the hearing that is adequate to allow the court to give its decision on the matter within the time limit established by subsection (7), and

(b) may in its discretion fix the place for the hearing.

(6) The individual making a challenge must notify affected individuals by

(a) immediately notifying the district electoral officer and the affected candidate of the challenge and of the time and place at which it will be heard by the court, and

(b) within 24 hours of commencing the application, serving on these individuals the petition, the accompanying affidavit and a notice of the time and place for the hearing.

(7) Within 72 hours after the end of the period for commencing a challenge, not including Saturdays and holidays, the court must hear and determine the challenge.

(8) On the hearing of a challenge, the court may issue an order

(a) confirming the individual as a candidate,

(b) declaring that the individual is not a candidate,

(c) declaring that the individual is or is not entitled to have the usual name indicated in the nomination documents used on the ballot, or

(d) declaring that the individual is not nominated as an independent candidate.

(9) For certainty, the jurisdiction of the court under this section may be exercised by a master of the court.

(10) The decision of the court on a challenge under this section is final and may not be appealed.

Candidate entitled to leave from employment

67   (1) If requested in writing by a candidate, the candidate's employer must grant the individual a leave without pay in accordance with this section.

(2) The leave may be either full time or part time, as requested by the candidate.

(3) If the leave is part time, the candidate's request must specify the days and hours of the leave.

(4) Unless ended earlier by the employee, the leave ends as follows:

(a) if the individual withdraws as a candidate, the day after that withdrawal;

(b) if the individual is declared under section 66 to no longer be a candidate, the day after that declaration;

(c) in other cases, the day after the declaration of the results of the election under section 137.

(5) Despite any other enactment and despite any agreement to the contrary, throughout the leave under this section the employee is entitled, subject to this section, to all benefits attached to the employment except pay.

(6) If the employee makes a written request to this effect before or immediately at the beginning of the leave, the employee may continue to contribute to any pension, medical or other plan beneficial to the employee in which the employee participates, as long as the employee pays both the employee's and the employer's contributions to the plan.

(7) Section 54 of the Employment Standards Act applies to a leave under this section and the services of the employee are to be considered continuous for the purposes of sections 57 and 58 and Part 8 of that Act.

(8) An employer must not, because of a leave under this section,

(a) dismiss, lay off, suspend, demote or transfer the employee, or

(b) give the employee less favourable employment conditions or diminish any benefit attached to the employment to which the employee is entitled.

(9) An employee who is affected by a contravention of this section may make a complaint to the Director of Employment Standards or the authorized representative of that official, in which case Part 11 of the Employment Standards Act applies as if the complaint were made under that Act.

(10) As an alternative to a complaint under subsection (9), an employee affected by a contravention of this section whose employment is covered by a collective agreement may have the complaint dealt with in accordance with the grievance procedure established by that agreement.

(11) Nothing in this section applies to preclude any other rights to leave that an individual may have or acquire.

Delivery of documents to candidates

68   (1) Where a document is required or authorized for the purposes of this Act to be served on a candidate, if the document is left at the address given in the nomination documents under section 54 (3) (i), the document is deemed to have been personally served on the candidate.

(2) Where a document or information is required or authorized for the purposes of this Act to be served on or otherwise given to a candidate, giving the document or information to the official agent of the candidate is deemed to be giving it to the candidate.

Appointment of official agent

69   (1) A candidate may appoint one individual as official agent.

(2) An individual may be appointed as both the financial agent and the official agent of the same candidate.

(3) An appointment must be made in writing, must be signed by the candidate and must include the following:

(a) the name of the individual appointed as official agent;

(b) the residential address of the individual appointed;

(c) an address at which documents will be accepted for delivery to or service on the official agent;

(d) a telephone number at which the official agent can be contacted.

(4) An appointment as official agent becomes effective when the appointment and a signed consent of the individual appointed to act as official agent are filed with the nomination documents or delivered to the district electoral officer.

Appointment of scrutineers and other candidate representatives

70   (1) A candidate or the candidate's official agent may appoint candidate representatives in accordance with this section to represent the candidate by observing the conduct of voting, registration at the time of voting and counting proceedings for the election.

(2) An appointment as a candidate representative must be in writing, signed by the individual making the appointment, and include the following:

(a) the name of the individual appointed;

(b) if the individual is appointed as a scrutineer, the voting or counting proceedings for which the individual is appointed;

(c) if the individual is appointed as a candidate representative for the purpose of section 93 (2) (d) (iv), a statement of this appointment.

Notice of candidate agents

71   (1) As soon as possible after the declaration under section 61 of an election by voting, the district electoral officer must publish a notice of candidate agents in accordance with section 270.

(2) The notice of candidate agents must include for each candidate

(a) the name and mailing address of the financial agent, and

(b) if applicable, the name of the official agent and the address at which documents will be accepted for delivery to or service on the official agent.

(3) If there is a change in the official agent or financial agent of a candidate, the district electoral officer must publish a new notice in accordance with this section respecting the candidate.

Presence of candidate representatives at election proceedings

72   (1) When requested by an election official, a candidate representative present at election proceedings must produce his or her appointment under this Division.

(2) A candidate representative must not be present at voting or counting proceedings unless he or she has made the solemn declaration to preserve the secrecy of the ballot referred to in section 93 (4).

(3) A candidate representative is entitled to inspect a voting book, list of voters or list of voter numbers being used in voting proceedings, so long as this does not interfere with the proceedings.

(4) The absence of a candidate representative from a place where election proceedings are being conducted does not invalidate anything done in the election.

Voting opportunities

73   A voter for an electoral district who meets the applicable requirements may vote in an election for the electoral district by one of the following:

(a) final voting under section 96 at a final voting opportunity;

(b) advance voting under section 97 at an advance voting opportunity;

(c) voting under section 98 at a special voting opportunity, subject to any applicable restrictions referred to in section 77 (2);

(d) voting under Division 5 of this Part using an alternative voting option.

Time off from work for voting

74   (1) Subject to subsections (1.1) and (1.2), an employee who is entitled to vote in an election or who, on registration, will be entitled to vote in the election is entitled to have 4 consecutive hours free from employment during voting hours for final voting.

(1.1) If both of the following apply, an employee is entitled to have 4 consecutive hours free from employment during voting hours for advance voting:

(a) the employee has hours of employment scheduled on final voting day such that the employee would not have 4 consecutive hours free from employment during voting hours;

(b) the employee is willing to vote at an advance voting opportunity.

(1.2) An employee who is entitled to time off under subsection (1.1) is not entitled to time off under subsection (1).

(2) If an individual's hours of employment do not allow for the consecutive hours referred to in subsection (1) or (1.1), the individual's employer must allow the individual time off from employment to provide those hours.

(3) The employer may set time off required by subsection (2) as best suits the convenience of the employer.

(4) An employer must not

(a) without reasonable justification, fail to grant to an employee sufficient time off as required by subsection (2), or

(b) make a deduction in pay for the time off or exact any penalty from the employee for the time off.

(5) The following are not entitled to time off under this section:

(a) election officials and individuals employed or retained by the chief electoral officer or a district electoral officer to work on final voting day;

(b) individuals who, by reason of employment, are in such remote locations that they would be unable to reasonably reach any voting place during voting hours.

Final voting opportunities for electoral district

75   (1) As soon as reasonably possible after an election is called for an electoral district, the district electoral officer must establish the voting places for final voting by specifying a voting place for each voting area within the electoral district.

(2) A voting place for a final voting opportunity must be in or near the voting area for which it is being conducted.

(3) The voting hours for final voting are from 8 a.m. to 8 p.m. Pacific Standard Time or Pacific Daylight Saving Time, as applicable, on final voting day.

Advance voting opportunities for an electoral district

76   (1) Advance voting opportunities must be held

(a) during a period that consists of 6 consecutive days and commences 8 days before final voting day for an election,

(b) if final voting day for an election falls on a Monday, during a period that consists of 6 consecutive days and commences 9 days before final voting day for the election, or

(c) if one or more of the dates for an advance voting opportunity to be held under paragraph (a) or (b) falls on a holiday other than a Sunday, on 6 days during a period established by the chief electoral officer that

(i) commences 12 days before final voting day for the election, and

(ii) ends at least 2 days before final voting day for the election.

(2) As soon as reasonably possible after an election is called for an electoral district, the district electoral officer must establish one or more voting places for advance voting opportunities such that voters in different parts of the electoral district have a reasonable opportunity to attend at least one advance voting opportunity.

(3) The voting hours for an advance voting opportunity are from 8 a.m. to 8 p.m. on each day referred to in subsection (1).

Special voting opportunities

77   (1) In order to give voters who may otherwise be unable to vote an opportunity to do so, the district electoral officer may establish one or more special voting opportunities under this section.

(2) If a special voting opportunity is within a class established by the chief electoral officer by regulation, any restrictions established by the regulation on who may vote apply.

(3) For each special voting opportunity, the district electoral officer must establish

(a) the place where the voting opportunity is to be conducted,

(b) the date of the voting opportunity, and

(c) the voting hours for the voting opportunity, such that the time established does not extend later than the time set by section 75 (3) for the close of final voting.

(4) If a site-based voting area is established under section 80 (4), voting under this section for the voting area is deemed to be final voting for that voting area and a final voting opportunity under section 75 is not required.

(5) If authorized by the chief electoral officer, a special voting opportunity may be held outside the boundaries of the electoral district for which the district electoral officer is responsible.

(6) The chief electoral officer may establish different election procedures at a special voting opportunity from those established under other provisions of this Act, in which case the procedures established by the chief electoral officer apply and the others do not.

(7) Without limiting subsection (6), if authorized by the chief electoral officer, the district electoral officer may limit the number of scrutineers who may be present at a special voting opportunity, subject to the requirement that at least 2 scrutineers must be allowed to be present.

(8) If the number of scrutineers permitted to be present is limited under subsection (7), the scrutineers must be selected

(a) by agreement among the candidates in the election, or

(b) if agreement cannot be reached, by lot conducted by the district electoral officer to select the candidates, who may each designate one scrutineer to attend the special voting opportunity.

Specified alternative voting options

78   (1) As soon as reasonably possible after the district electoral officer establishes an office for use during an election, voting at the office of the district electoral officer as described in section 104 must be available from that office until 4 hours before the time set by section 75 (3) for the close of final voting.

(2) Voting by mail-in voting must be available as soon as reasonably possible after mail-in voting packages have been prepared.

Notice of voting opportunities

79   (1) The chief electoral officer must arrange for notice regarding voting opportunities to be given to voters.

(2) Without limiting the discretion of the chief electoral officer, notice may be given by one or more of the following methods:

(a) mailing to individual voters a notice indicating where they are entitled to vote;

(b) publishing notice in newspapers or other media;

(c) providing a central telephone information service.

Voting administration tools

79.01   (1) In this Part and Part 7, "voting administration tools" means the following types of tools:

(a) electronic voting books;

(b) ballot printers;

(c) vote-counting equipment;

(d) any other prescribed types of tools to assist in the conduct of voting proceedings.

(2) Voting administration tools under subsection (1) (d) must not include the following:

(a) tools to enable voting using the internet;

(b) tools to enable a voter to record a voter's candidate choice that does not involve marking a ballot paper.

(3) For each election, the chief electoral officer may

(a) specify whether one or more types of voting administration tools are to be used for the following:

(i) a specified electoral district or a specified class of electoral districts;

(ii) a specified geographic area or community within an electoral district;

(iii) a specified voting opportunity or a specified class of voting opportunities;

(iv) a specified alternative voting option or a specified class of alternative voting options;

(v) a specified voting place or a specified class of voting places;

(vi) any other prescribed circumstance in which, or location at which, one or more voting administration tools are to be used, and

(b) specify the following in accordance with voting administration tools specified:

(i) the number of election officials required to conduct the election proceedings;

(ii) the responsibilities of election officials in relation to the voting proceedings in which the voting administration tools are used.

(4) If the chief electoral officer specifies anything under this section, the chief electoral officer must publish the matters specified on an authorized Elections BC internet site as follows:

(a) in the case of a general election conducted in accordance with section 23 (2) or (3) of the Constitution Act, at least 60 days before the date the election is called;

(b) in the case of a by-election, or a general election that is not conducted in accordance with section 23 (2) or (3) of the Constitution Act, as soon as practicable after the date the election is called.

(5) If, in the opinion of the chief electoral officer, circumstances arise in which changing a matter specified under this section would facilitate the conduct of voting proceedings, the chief electoral officer

(a) may make the change, and

(b) must publish the change on an authorized Elections BC internet site as soon as practicable.

Use of electronic voting book

79.02   (1) This section applies if the chief electoral officer specifies the use of an electronic voting book under section 79.01.

(2) The chief electoral officer must establish procedures respecting the use of an electronic voting book, which must include the following:

(a) procedures in relation to how the electronic voting book is to be used by the chief electoral officer, district electoral officers and election officials;

(b) procedures in relation to the security of the electronic voting book, including how the data in the electronic voting book are to be stored and protected from damage or loss;

(c) procedures in relation to how and when the data in the electronic voting book may be accessed;

(d) procedures in relation to addressing circumstances in which there may be connectivity issues, software issues or similar issues that prevent or compromise the use of the electronic voting book;

(e) procedures in relation to anything else the chief electoral officer considers necessary for conducting voting proceedings and maintaining the integrity of voting proceedings in which the electronic voting book is used.

Use of ballot printer

79.03   (1) This section applies if the chief electoral officer specifies the use of ballot printers under section 79.01.

(2) Subject to subsection (3), a ballot printer may be used to print a ballot only in the following circumstances:

(a) if a voter is voting for another electoral district for which an election is being conducted at the same time as the election in which the voter is voting;

(b) if there are not sufficient numbers of pre-printed ballots.

(3) The chief electoral officer may direct the use of a ballot printer for a voter voting for another voting area in the same electoral district as the voting area in which the voter is resident.

(4) The chief electoral officer must establish procedures for the use of a ballot printer, which must include the following:

(a) procedures establishing how the ballot printer is to be used by the chief electoral officer, district electoral officers and election officials;

(b) procedures in relation to the security of the ballot printer, both while being used in a voting proceeding and at other times.

Use of vote-counting equipment

79.04   (1) This section applies if the chief electoral officer specifies the use of vote­counting equipment under section 79.01.

(2) The following restrictions apply with respect to the use of vote-counting equipment:

(a) the vote-counting equipment must not be a part of or connected to an electronic network during the voting proceedings;

(b) at the discretion of the chief electoral officer, the vote-counting equipment may be securely connected to an electronic network for the purpose of transmitting information to the chief electoral officer or, if authorized by the chief electoral officer, to a district electoral officer;

(c) the vote-counting equipment must be tested in accordance with industry standards;

(d) before the first use of the vote-counting equipment for the election, the supervising election official must demonstrate that no votes have been recorded on the equipment;

(e) the vote-counting equipment must not be used to generate, print or report election results until after the close of final voting on final voting day.

(3) For the purpose of subsection (2) (c), testing includes, without limitation, logic and accuracy testing.

(4) The chief electoral officer must establish procedures for the use of vote-counting equipment, which must include the following:

(a) procedures establishing how the vote-counting equipment is to be used by the chief electoral officer, district electoral officers and election officials;

(b) procedures in relation to the testing of the vote-counting equipment as described in subsection (2) (c);

(c) procedures in relation to the security of the vote-counting equipment, while it is being used in a voting proceeding and at other times;

(d) procedures establishing what steps to take if the vote-counting equipment provides a notification described in subsection (5);

(e) procedures in relation to anything else the chief electoral officer considers necessary for conducting voting proceedings and maintaining the integrity of voting proceedings in which vote-counting equipment is used.

(5) Vote-counting equipment must be programmed in such a manner that the equipment provides a notification if the equipment detects the following:

(a) there is no mark on the ballot or the mark made cannot be read by the vote-counting equipment;

(b) there is more than one mark on the ballot;

(c) the mark on the ballot is ambiguous.

Depositing ballot in ballot box

79.05   If vote-counting equipment is used, depositing a ballot in a ballot box includes the following:

(a) an election official or a voter inserting the ballot in the vote-counting equipment;

(b) an election official or a voter inserting the ballot in an auxiliary compartment;

(c) a prescribed action by an election official in relation to the vote-counting equipment.

Voting areas

80   (1) The chief electoral officer must establish voting areas for each electoral district.

(2) In establishing voting areas, the chief electoral officer must

(a) consider the boundaries of municipalities, regional districts and federal electoral districts,

(b) consider any geographic or other factors that might affect the convenience of voters, and

(c) include in each voting area the number of voters, from the Provincial list of voters, that the chief electoral officer considers will facilitate conducting voting proceedings for the voters.

(3) Without limiting the authority under subsection (1), a voting area may be established consisting of one or more areas that are not immediately adjacent to each other.

(4) The chief electoral officer may establish a site-based voting area for the purposes of section 77 (4) if satisfied that the voters for the voting area will have an adequate opportunity to vote under that section.

(5) If there is doubt as to the voting area to which a voter should be assigned, the voter registration official or election official authorized by the chief electoral officer must decide the matter having regard to the convenience of the voter and must inform the district registrar of voters of this decision.

(6) Voting areas may be established by the use of maps or otherwise.

(7) Notice of the boundaries of the voting areas, or of where an individual may inspect materials to determine those boundaries, must be published in the Gazette.

(8) Maps of the voting areas and, if these have been prepared under the direction of the chief electoral officer, indexes to residential addresses within the voting areas must be available for public inspection at the office of the chief electoral officer during its regular office hours.

Voting places

81   (1) So far as reasonably possible, a voting place must be in a convenient location for a majority of the voters and must be easily accessible to individuals who have a physical disability or whose mobility is impaired.

(2) A voting place must be in the electoral district unless the district electoral officer considers that another location will be more convenient for a majority of the voters.

(3) If requested by a district electoral officer,

(a) accommodation in a school that is the property of a board of school trustees under the School Act must be made available by the board for use as a voting place, and

(b) accommodation in a facility that is owned by a francophone education authority as defined in the School Act or leased by a francophone education authority from a board of school trustees must be made available by the francophone education authority for use as a voting place.

Voting stations

82   (1) A voting station is a location where an individual obtains a ballot to use for voting at a voting opportunity.

(2) Subject to subsection (3), there must be a ballot box at each voting station and an election official responsible for each voting station.

(3) If voting administration tools are used, the ballot box and vote-counting equipment used with the ballot box may be placed in a location at the voting place other than at the voting station.

(4) For a voting opportunity,

(a) the district electoral officer must establish sufficient voting stations to accommodate the number of voters that are anticipated to attend to vote at the opportunity, and

(b) an election official may direct a voter to a voting station.

Voting screens

83   (1) For each voting place there must be one or more voting screens.

(2) The election official responsible must ensure that the voting screens are arranged in such a manner that voters may mark their ballots screened from observation by others and without interference.

(3) A notice to provide directions for voting, in the form specified by the chief electoral officer, must be at each voting screen in use.

Voting books

84   (1) The chief electoral officer must

(a) arrange for the preparation of voting books, in the format and with the content specified by the chief electoral officer, and

(b) ensure that each district electoral officer has, or has access to, the following:

(i) the required voting books;

(ii) any voting administration tools required in relation to voting books, and equipment to support the use of the voting administration tools, if the use of the voting administration tools is specified by the chief electoral officer under section 79.01.

(2) The chief electoral officer may specify the use of separate voting books for different types of voting opportunities and for alternative voting options.

Ballot boxes

85   (1) A ballot box

(a) must be constructed so that

(i) ballots can be inserted into it, and

(ii) inserted ballots cannot be withdrawn unless the box is opened, and

(b) may be constructed

(i) with an auxiliary compartment, and

(ii) so that vote-counting equipment can be attached.

(2) The chief electoral officer must establish procedures to ensure that ballots are kept in a way to facilitate the preparation of ballot accounts.

Ballots

86   (1) A ballot must not include any of the following:

(a) an indication that a candidate is holding or has held an elected office;

(b) a candidate's occupation;

(c) an indication of a title, honour, degree or other decoration received or held by a candidate.

(2) Ordinary ballots must be prepared in the form prescribed by regulation and must include the following:

(a) the full name of each candidate in the election or, if a candidate specified a different usual name in the nomination documents, this usual name;

(b) in the case of a candidate nominated as a representative of a registered political party, the identification of the political party filed with the chief electoral officer under section 155 (3) (c);

(c) if requested by an independent candidate in the candidate's nomination documents, an indication that the candidate is independent.

(3) The names of the candidates must be arranged on an ordinary ballot alphabetically by their surnames and, if 2 or more candidates have the same surname, must be arranged alphabetically in order of their first given or usual names to be used on the ballot.

(4) If 2 or more candidates

(a) have the same surnames and given names, or

(b) have names so similar that, in the opinion of the chief electoral officer, they are likely to cause confusion,

the chief electoral officer may modify the names or include additional information to assist voters to identify the candidates, subject to the restrictions under subsection (1), and may establish their order on the ballot.

(5) Write-in ballots must be prepared in the form prescribed by regulation to permit the voter to vote by writing in the name or political party of the candidate for whom the individual wishes to vote.

(6) If an election by voting is still required after a candidate withdraws under section 64 or an order is made under section 66 (8) (b) and the ordinary ballot papers for the electoral district have been prepared, the district electoral officer must notify each supervising election official as soon as possible and, as time allows,

(a) have ballot papers prepared without the name of the individual,

(b) indicate on the ballots that the individual has ceased to be a candidate, or

(c) have posted at each voting station a notice that the individual has ceased to be a candidate.

(7) If the ordinary ballot papers for the electoral district have been prepared before an order is made under section 66 (8) (c) or (d), the district electoral officer must notify each supervising election official as soon as possible and, as time allows,

(a) have ballot papers prepared in accordance with the order of the court,

(b) indicate on the ballot, as applicable, the status or usual name of the candidate in accordance with the order of the court, or

(c) have posted at each voting station a notice of the order of the court.

(8) No ballot is invalid by reason that it includes the name of an individual who is not a candidate or a name or status that is not as ordered by a court under section 66.

(9) Subject to this section, the decision of the chief electoral officer respecting the form and content of a ballot is final and may not be the subject of an application under Part 8.

Ballot papers, certification envelopes and other materials

87   (1) The chief electoral officer is responsible for the following:

(a) arranging the preparation of ballot papers, certification envelopes and other election materials required for the conduct of voting;

(b) arranging the delivery of the materials described in paragraph (a) to the district electoral officer;

(c) if the chief electoral officer has specified the use of a voting administration tool under section 79.01, arranging the preparation, or procurement, of the voting administration tool and equipment to support the use of the voting administration tool;

(d) arranging the delivery of a voting administration tool and equipment described in paragraph (c) to the district electoral officer.

(2) Certification envelopes must be prepared in the form specified by the chief electoral officer.

(3) For the purpose of voting under section 104.01, mail-in voting packages must be prepared containing the following:

(a) a ballot;

(b) a secrecy envelope;

(c) a certification envelope;

(d) an outer envelope on which is printed the address of the office of the election official to whom the envelope is to be returned;

(e) instructions on how to vote by mail-in voting;

(f) anything else the chief electoral officer considers advisable.

Assignment of election official responsibilities

88   (1) For each voting opportunity, the district electoral officer must assign

(a) the required number of election officials, and

(b) the required responsibilities to the election officials

to conduct the election proceedings, taking into account any matters specified by the chief electoral officer under section 79.01.

(2) For each voting opportunity, the district electoral officer

(a) must designate an election official to be responsible for supervising the election officials assigned under subsection (1), and

(b) may assign an election official to act as the supervising election official if the designated supervising election official under paragraph (a) is absent or incapable of acting.

(3) As required, the district electoral officer may assign election officials necessary for special voting opportunities and alternative voting options.

Each individual may vote only once in an election

89   An individual must not vote more than once in the same general election or by-election.

Voting to be by secret ballot

90   (1) Voting at an election must be by secret ballot.

(2) Each individual present at a place at which a voter exercises the right to vote, including individuals present to vote, and each individual present at the counting of the vote must preserve the secrecy of the ballot and, in particular, must not do any of the following:

(a) interfere with an individual who is marking a ballot;

(b) attempt to discover how an individual voted;

(c) communicate information regarding another individual's candidate choice;

(d) induce an individual, directly or indirectly, to show the ballot in a way that reveals how the individual voted.

(3) A voter may not be required in any legal proceedings to reveal how he or she voted in an election.

How to mark a ballot

91   (1) In the case of an ordinary ballot, an individual votes by marking the ballot to clearly indicate the candidate for whom the individual wishes to vote in accordance with the following, as applicable:

(a) directions provided at the voting screen;

(b) directions provided in a mail-in voting package;

(c) directions provided by the chief electoral officer.

(2) In the case of a write-in ballot, an individual votes by writing in the blank space provided on the ballot either

(a) the name of the candidate for whom the voter wishes to vote, or

(b) the name of the registered political party of the candidate for whom the individual wishes to vote.

(3) When providing a ballot, an election official may explain the proper method for voting by ballot and must explain this if requested by a voter or an individual assisting a voter under section 109.

Individuals who must be present at voting proceedings

92   The supervising election official designated or assigned under section 88 must ensure that there are sufficient election officials present at a place where voting proceedings are conducted to monitor, at all times during the voting proceedings, the ballot boxes and, if used, voting administration tools.

Individuals who may be present at voting proceedings

93   (1) Except as provided in this section, an individual must not be present at a voting place while voting proceedings are being conducted.

(2) The following individuals may be present at a voting place while voting proceedings are being conducted:

(a) election officials authorized to be present at the voting place;

(b) individuals who are present at the voting place for the purpose of voting, individuals in the care of an individual attending to vote or individuals assisting in voting under section 109;

(c) individuals acting as translators under section 269 at the voting place;

(d) for each candidate,

(i) the official agent of the candidate,

(ii) one scrutineer at each voting station at the voting place,

(iii) one additional scrutineer at the voting place, and

(iv) candidate representatives temporarily present at the voting place for the purpose of conveying information to and from scrutineers, to a maximum number equal to the number of voting stations;

(e) other individuals permitted to be present at the voting place by the district electoral officer or an election official authorized by the district electoral officer.

(3) Other than for the purpose of voting, a candidate must not be present while voting proceedings are being conducted.

(4) Other than an individual attending to vote, an individual in the care of an individual attending to vote or a peace officer assisting the election official under section 273, each individual present at a voting place while voting proceedings are being conducted and each candidate representative present at a special voting opportunity must make a solemn declaration to preserve the secrecy of the ballot in accordance with section 90.

Only one individual at a time may use a voting screen

94   (1) While a voter is using a voting screen to mark a ballot, no other individual may observe or be in a position to observe the ballot being marked.

(2) As exceptions to subsection (1),

(a) an individual assisting a voter to mark a ballot under section 109 may be present with the voter, and

(b) if the election official responsible permits, an individual who is under the care of a voter may be present with the voter.

Sealing of ballot boxes

95   (1) Before a ballot box is used for ballots, the election official responsible, in the presence of at least one witness, must inspect the ballot box to ensure that it is empty and seal it in such a manner that it cannot be opened without breaking the seal.

(2) At the end of voting for a voting opportunity, or if a ballot box becomes full while voting proceedings are being conducted, the election official responsible must seal the ballot box in a manner to prevent the addition or withdrawal of ballots.

(3) In addition to sealing by the election official responsible, candidate representatives are entitled to sign or otherwise mark the seal for the purposes of this section.

(4) A ballot box that has been sealed under subsection (2) must remain sealed and unopened until the ballots are to be counted, unless it is a ballot box for voting at an alternative voting option.

(4.1) During voting proceedings, an election official may, in the presence of at least one witness, remove the ballots from the auxiliary compartment of a ballot box used with vote-counting equipment, for the purpose of inserting the ballots into the vote-counting equipment in accordance with procedures established by the chief electoral officer under section 79.04 (4).

(5) If a ballot box sealed under subsection (2) is to be used again in the election, the election official responsible must break the seal in the presence of at least one witness.

(6) A ballot box used for voting at an alternative voting option may be locked rather than sealed, so long as the purposes of this section are reasonably met.

(7) If, at any time that a ballot box is required to be sealed or locked under this section, it appears that there may have been tampering with the seal or lock, this must be reported to the district electoral officer and must be recorded on the ballot account for the ballot box, together with any reasons for this known to the election official responsible.

Before first use of vote-counting equipment

95.01   Before vote-counting equipment is first used in a place where voting proceedings are conducted, the election official responsible, in the presence of at least one witness, must do the following:

(a) inspect the ballot box that is to be used with the vote-counting equipment to ensure that it is empty and seal it in such a manner that it cannot be opened without breaking the seal;

(b) inspect the auxiliary compartment to ensure that it is empty;

(c) inspect the vote-counting equipment to ensure that it has not been interfered with.

Final voting

96   (1) For final voting in accordance with this section, an individual must attend to vote at a final voting opportunity established

(a) for the voting area in which the individual is resident, and the election procedures in subsections (2) to (5) apply,

(b) for another voting area in the same electoral district as the voting area in which the individual is resident, and the election procedures prescribed by regulation under subsection (6) apply, or

(c) for another electoral district for which an election is being conducted at the same time as the election in which the individual is voting, and the election procedures prescribed by regulation under subsection (6) apply.

(2) In order to obtain a ballot for final voting, the following requirements must be met:

(a) the individual voting must

(i) provide the documents described in section 41 (3), or

(ii) if the individual does not have sufficient documentation, have the individual's identity and place of residence confirmed in accordance with section 41.1, and for this purpose, section 41.1 (4) and (5) applies;

(b) if the individual is registering as a voter for the electoral district in conjunction with voting, the election official responsible must record information about the individual as specified by the chief electoral officer;

(c) if the individual voting is a registered voter, the election official responsible must update information about the voter, if applicable, as specified by the chief electoral officer;

(d) the individual voting must, as directed by the election official responsible,

(i) make a written declaration that the individual is entitled to vote in the election, or

(ii) make an oral declaration that the individual is entitled to vote in the election, in which case the election official responsible must make a record that the individual made an oral declaration;

(e) if the individual requires assistance to vote, the requirements of section 109 must also be met;

(f) if the individual is challenged under section 111, the individual must also meet the requirements of that section;

(g) if it appears that another individual has already voted using the individual's name, the individual must also meet the requirements of section 112.

(3) Once the requirements referred to in subsection (2) have been met, the election official responsible must

(a) announce the name of the individual,

(b) initial a ballot,

(c) hand the individual the initialled ballot, and

(d) provide the individual with directions about the following:

(i) how to keep marks on the ballot concealed once the individual has marked the ballot by either

(A) placing the ballot in a secrecy sleeve, or

(B) refolding the ballot to conceal the names of the candidates and any mark made on the ballot by the individual;

(ii) what to do with the ballot once the individual has marked the ballot.

(4) To vote after receiving a ballot, an individual must

(a) go directly to a voting screen provided,

(b) while the ballot is screened from observation, mark it in accordance with section 91,

(c) conceal the names of the candidates and any mark made on the ballot by the individual as directed, under subsection (3) (d), by the election official,

(d) return the ballot to the election official responsible, who must confirm that the ballot is the one that was given to the individual by examining the initials on the ballot, and

(e) at the individual's choice,

(i) if no vote-counting equipment is used, either

(A) accept the ballot back and deposit it in the appropriate sealed ballot box while observed by the election official responsible, or

(B) observe the election official responsible deposit the ballot in the appropriate sealed ballot box, or

(ii) if vote-counting equipment is used, either

(A) accept the ballot back and insert it into the appropriate vote-counting equipment or auxiliary compartment, as directed by the election official responsible, or

(B) observe an election official responsible insert the ballot into the appropriate vote-counting equipment or auxiliary compartment.

(5) If vote-counting equipment is used and the vote-counting equipment provides a notification described in section 79.04 (5), the election official responsible must follow the procedures established under section 79.04 (4) (d).

(6) The chief electoral officer must make regulations prescribing election procedures about the following, which may include modifying, for the purposes of this subsection, the election procedures set out in subsections (2) to (4):

(a) voting at a final voting opportunity established for another voting area in the same electoral district as the voting area in which the individual is resident;

(b) voting at a final voting opportunity established for another electoral district for which an election is being conducted at the same time as the election in which the individual is voting.

Advance voting

97   (1) For advance voting in accordance with this section, an individual must attend to vote at an advance voting opportunity established

(a) for the electoral district for which the individual is a voter, and, subject to subsection (2), the election procedures in section 96 (2) to (5) apply, or

(b) for another electoral district for which an election is being conducted at the same time as the election in which the individual is voting, and, subject to subsection (2), the election procedures prescribed by regulation under section 96 (6) apply.

(2) The chief electoral officer may make regulations for advance voting opportunities, which may include modifying, for the purposes of this section, the election procedures set out in section 96 (2) to (5) or prescribed by regulation under section 96 (6).

Voting at a special voting opportunity

98   (1) For voting at a special voting opportunity in accordance with this section, an individual must

(a) attend to vote at the time and place where the voting opportunity is being conducted, and

(b) be entitled to vote at the special voting opportunity, if any restrictions referred to in section 77 (2) on who may vote at the voting opportunity apply.

(2) Unless the time for voting is extended under section 114 or the voting opportunity is adjourned under section 272, an individual may not vote under this section after the time set by section 75 (3) for the close of final voting for the election in which the individual is voting.

(3) In order to obtain a ballot at a special voting opportunity, the following requirements must be met:

(a) the individual voting must, as directed by the election official responsible,

(i) make a written declaration that the individual is entitled to vote in the election and, if restrictions referred to in subsection (1) (b) apply, that the individual is entitled to vote at the special voting opportunity, or

(ii) make an oral declaration that the individual is entitled to vote in the election and, if restrictions referred to in subsection (1) (b) apply, that the individual is entitled to vote at the special voting opportunity, in which case the election official responsible must make a record that the individual made an oral declaration;

(b) the requirements referred to in section 96 (2) (a) and, if applicable, the additional requirements referred to in section 96 (2) (e) to (g) must be met.

(4) Once the requirements of subsection (3) have been met, unless other procedures have been established under section 77, the election official responsible must

(a) announce the name of the individual,

(b) initial a ballot,

(c) hand to the individual the initialled ballot,

(d) if the ballot is a write-in ballot, provide the individual with a copy of the list of candidates, indicating the names of the candidates for the electoral district for which the individual is a voter and, as applicable, the status of the candidates as representatives of specific registered political parties or as independent candidates, and

(e) provide the individual with directions for the following:

(i) how to keep marks on the ballot concealed once the individual has marked the ballot;

(ii) what to do with the ballot once the individual has marked the ballot.

(5) In order to vote after receiving a ballot, an individual must proceed in accordance with section 96 (4) and (5) unless other procedures have been established under section 77.

(6) As an exception to subsection (5), if the individual is voting in an election for another electoral district than the one for which the voting opportunity is being held, the ballot must be dealt with in accordance with regulations prescribed under subsection (7) of this section.

(7) The chief electoral officer must make regulations respecting the conduct of voting at a special voting opportunity established for another electoral district for which an election is being conducted at the same time as the election in which the individual is voting, which may include modifying, for the purposes of this subsection, the election procedures set out in subsection (3) or (4).

Repealed

99   [Repealed 2019-42-41.]

Repealed

100   [Repealed 2019-42-41.]

Repealed

101   [Repealed 2019-42-41.]

Alternative voting options — general

102   (1) Voting under sections 104 and 104.01 must be available as set out in section 78.

(2) If an alternative voting option is within a class established by the chief electoral officer by regulation, any restrictions established by the regulations on who may vote apply.

Repealed

103   [Repealed 2019-42-43.]

Voting at office of district electoral officer

104   (1) An individual may attend to vote under this section at the office of a district electoral officer during its regular office hours.

(2) Voting under this section may be done at any time up until 4 hours before the time set by section 75 (3) for the close of final voting for the election in which the individual is voting.

(3) In order to vote under this section, the following requirements must be met:

(a) the individual voting must, as directed by the election official responsible,

(i) make a written declaration that the individual is entitled to vote in the election, or

(ii) make an oral declaration that the individual is entitled to vote in the election, in which case the election official responsible must make a record that the individual made an oral declaration;

(b) the requirements referred to in section 96 (2) (a) and, if applicable, the additional requirements of section 96 (2) (e) to (g) must be met.

(4) Once the requirements of subsection (3) are met, section 96 (3), (4) and (5) applies to the voting.

(5) The chief electoral officer may make regulations in relation to voting at the office of a district electoral officer before ordinary ballots for voting have been prepared, which may include regulations modifying, for the purposes of this section, the election procedures set out in section 96 (3), (4) and (5).

Voting with mail-in voting package

104.01   An individual may

(a) apply, in accordance with section 105 or 105.01, as applicable, for a mail-in voting package

(i) to the chief electoral officer, or

(ii) to the district electoral officer if the chief electoral officer has so specified or if it would be more convenient for the individual, and

(b) vote using a mail-in voting package in accordance with section 106.

How to obtain mail-in voting package

105   (1) An application for a mail-in voting package may be made at any time up until 4 hours before the time set by section 75 (3) for the close of final voting for the election in which the individual is voting.

(2) Subject to section 105.01, an individual must not apply for more than one mail-in voting package for an election.

(3) An application under subsection (1) must include the following:

(a) the name and residential address of the individual;

(b) an address at which the individual can be reached and to which the mail-in voting package is to be sent, if this is different from the residential address of the individual;

(c) if the application is made in the 10 days before final voting day, a telephone number at which the individual can be contacted, if available.

(4) Subject to subsection (5), the chief electoral officer or district electoral officer must mail or otherwise provide a mail-in voting package prepared under section 87 (3) to an individual who has applied if the officer is satisfied that the individual is a voter for the electoral district for which the individual is applying to vote or is entitled to register as such.

(5) The chief electoral officer or district electoral officer is not required to mail a mail-in voting package to an individual who has applied if the officer considers that there is insufficient time for the mail-in voting package to be received by the following before the close of final voting:

(a) the individual;

(b) the office at the address described in section 106 (1) (g) (i);

(c) the district electoral officer under section 106 (1) (g) (ii).

(6) If an application under this section is made in the last 10 days before final voting day for the election in which the individual is voting, the individual who has applied is responsible for arranging delivery of the mail-in voting package to the chief electoral officer or district electoral officer.

(7) Before sending out a mail-in voting package, the chief electoral officer or district electoral officer must make a record that a mail-in voting package will be mailed to the individual who has applied.

(8) The chief electoral officer or district electoral officer may include and, if requested by the individual to whom the mail-in voting package is being provided, must include with a mail-in voting package

(a) an application for registration as a voter or for updating voter registration information, and

(b) instructions on how to complete the application.

How to arrange for replacement of mail-in voting package

105.01   (1) An individual who

(a) receives a mail-in voting package with an incorrect name or a misspelled name of the individual or an incorrect residential address,

(b) loses, mutilates or destroys the mail-in voting package,

(c) spoils a ballot or certification envelope before it is delivered in accordance with section 106 (1) (g), or

(d) has applied requesting a voting package in accordance with section 105 but did not receive a mail-in voting package

may apply to the chief electoral officer or district electoral officer to request a replacement mail-in voting package.

(2) An application under subsection (1) may be made at any time up until 4 hours before the time set by section 75 (3) for the close of final voting for the election in which the individual is voting.

(3) The chief electoral officer or district electoral officer is not required to provide a mail-in voting package to an individual referred to in subsection (1) if the officer considers that there is insufficient time for the mail-in voting package to be received by the following before the close of final voting:

(a) the individual;

(b) the office at the address described in section 106 (1) (g) (i);

(c) the district electoral officer under section 106 (1) (g) (ii).

(4) If the chief electoral officer or district electoral officer provides a replacement mail-in voting package under this section, the officer must

(a) designate the replaced mail-in voting package as cancelled on the record maintained for that purpose, and

(b) instruct the individual on what is to be done with the cancelled mail-in voting package, if applicable.

How to vote using mail-in voting package

106   (1) In order to vote using a mail-in voting package, an individual must do the following:

(a) mark the ballot in accordance with the directions provided in the mail-in voting package;

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

(c) follow the directions provided in the mail-in voting package in respect of the following:

(i) the individual's completion of the certification envelope;

(ii) in the presence of a witness, the individual's signing of a declaration that the individual

(A) is registered as a voter for the electoral district for which the individual is voting or is applying to register as such in conjunction with voting, and

(B) has not previously voted in the election and will not afterwards vote again in the same election;

(iii) the individual ensuring that the declaration is signed by the witness to the signing of the declaration under subparagraph (ii);

(d) place the certification envelope in the outer envelope provided;

(e) if the individual is registering as a voter in conjunction with voting or is updating voter registration information, enclose in the outer envelope

(i) the application form and documents required by section 41 (2) and (3) or the copies permitted by subsection (2) of this section, or

(ii) the application form and solemn declarations required by section 41.1 (2) and (3);

(f) seal the outer envelope;

(g) arrange for the sealed outer envelope containing the applicable materials referred to in paragraphs (a) to (e) of this section to be delivered

(i) to the address of the office of the election official printed on it, so that it is received before the time set by section 75 (3) for the close of final voting for the election, or

(ii) if the individual is concerned that the envelope will not be received at the address of the office of the election official printed on it before the time set by section 75 (3) for the close of final voting for the election, to the office of a district electoral officer.

(2) For the purposes of satisfying the requirements referred to in subsection (1) (e), an individual may enclose copies rather than originals of documents with the application for registration or for updating voter registration information.

Receipt of mail-in voting packages

107   (1) An envelope that is received as required by section 106 (1) (g) (i) before the time set by section 75 (3) for the close of final voting must be dealt with by the election official responsible as follows:

(a) immediately on receipt, the election official must open the outer envelope and record the date of receipt on the certification envelope and in the voting book;

(b) if, on the basis of an included application for registration, the election official is satisfied that the individual is entitled to be registered as a voter, the election official must accept the application and register the individual;

(c) if the election official is satisfied that the individual identified on the certification envelope is the individual to whom the envelope was provided under section 105 or 105.01, the election official must deal with the certification envelope in accordance with procedures specified by the chief electoral officer;

(d) if the election official is not satisfied as referred to in paragraph (b) or (c), the election official must note this on the certification envelope and must place the envelope in a ballot box in accordance with the procedures specified by the chief electoral officer.

(2) An envelope that is received as required by section 106 (1) (g) (ii) before the time set by section 75 (3) for the close of final voting must be dealt with by the election official responsible as follows:

(a) immediately on receipt, the election official must open the outer envelope and record the date of receipt on the certification envelope and in the voting book;

(b) if, on the basis of an included application for registration, the election official is satisfied that the individual is entitled to be registered as a voter, the election official must accept the application and register the individual;

(c) if the election official is satisfied that the individual identified on the certification envelope as using the envelope to vote is the individual to whom the envelope was issued, the election official must initial the certification envelope and place it in a ballot box;

(d) if the election official is not satisfied as referred to in paragraph (b) or (c), the election official must note this on the certification envelope and must place the envelope in a ballot box.

(3) An envelope that is received under section 106 (1) (g) after the time set by section 75 (3) for the close of final voting must be dealt with by the election official responsible as follows:

(a) on receipt, the election official must open the outer envelope and record the date and time of receipt on the certification envelope and in the voting book;

(b) the election official must forward any enclosed application for registration as a voter or for updating voter registration information to the applicable district registrar of voters to be dealt with as if it were received as part of the general registration;

(c) the certification envelope must remain unopened and must not be considered in the initial count, the final count or any judicial recount for the election.

Special provision of mail-in voting packages for armed forces and others

108   (1) For the purposes of enabling voting by a group of members of the Canadian armed forces or of another specific class of individuals who, in the opinion of the chief electoral officer, are entitled to vote but are likely to be from a number of different electoral districts, the chief electoral officer may appoint a member of the group as an election official for the purposes of this section.

(2) The chief electoral officer may provide to the election official mail-in voting packages, a voting book, applications for registration as a voter and for updating voter registration information.

(3) The election official has the same duties and powers as an election official responsible regarding the provision of mail-in voting packages, the recording of information regarding this and the acceptance of applications for voter registration and updating of voter registration information.

(4) As an exception to section 106 (1) (e), the election official has the authority to accept applications for voter registration and updating of voter registration information and the documents required under section 41 (3), or the solemn declaration required under section 41.1 (3), do not need to be enclosed with the certification envelopes.

(5) For a ballot issued under this section to be counted as a vote, the materials referred to in section 106 (1) (g) must be received by the chief electoral officer before the time set by section 75 (3) for the close of final voting for the election in which the individual is voting.

(6) On receiving the materials referred to in subsection (5), the chief electoral officer must deal with the package in accordance with section 107.

(7) The election official must return the voting book and any unused mail-in voting packages to the chief electoral officer in accordance with procedures specified by the chief electoral officer.

Assisted telephone voting

108.01   (1) The chief electoral officer may establish assisted telephone voting to enable voting by individuals with a vision impairment that would make it difficult for the individuals to vote at a voting opportunity, in a district electoral office or by mail-in voting.

(2) The chief electoral officer may offer an assisted telephone voting option to individuals other than those described in subsection (1).

(3) If the chief electoral officer offers an assisted telephone voting option under subsection (2) of this section, the report of the chief electoral officer under section 13 (1) (b) must include a report on the offer and the circumstances under which the offer was made.

(4) Despite sections 41 and 41.1, an individual may only vote using the option for assisted telephone voting if the voter is a registered voter.

(5) The chief electoral officer must, if the chief electoral officer establishes assisted telephone voting, make regulations respecting assisted telephone voting, including, without limitation, establishing the following:

(a) the period of time during which assisted telephone voting is available;

(b) procedures to ensure the secrecy of the ballot;

(c) procedures to ensure that election officials mark the ballot in accordance with the wishes of the voter.

Voting in exceptional circumstances

108.02   (1) If, in the opinion of the chief electoral officer, exceptional circumstances arise in an election that would make it unsafe for individuals in a specified community or specified location to vote, the chief electoral officer may authorize the district electoral officer to provide an exceptional opportunity for the individuals in the specified community or specified location to vote.

(2) In order to obtain a ballot for voting under this section, the requirements set out in section 96 (2) must be met.

(3) Subject to subsection (4) of this section, the election procedures set out in section 96 (3), (4) and (5) and prescribed by regulation under section 96 (6) apply to voting under this section.

(4) The district electoral officer may modify the procedures referred to in subsection (3) of this section.

(5) A procedure modified under subsection (4) of this section must preserve the secrecy of the ballot.

Individuals needing assistance — voting in person

109   (1) This section applies to voters

(a) who vote by attending at a voting opportunity, and

(b) who

(i) are unable to mark a ballot because of physical disability or difficulties with reading or writing, or

(ii) 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 an election official or by an individual accompanying the voter.

(3) An individual other than an election official must not act under this section to assist more than one voter in an election to mark a ballot under this section.

(4) As an exception to subsection (3), an election official may permit an individual to assist more than one member of the individual's family.

(5) In order to receive a ballot to be marked under this section, the following requirements must be met:

(a) if the individual assisting is not an election official, the individual must make a solemn declaration that the individual

(i) will preserve the secrecy of the ballot in accordance with section 90,

(ii) if needed, will mark the ballot in accordance with the wishes of the voter,

(iii) will refrain from attempting in any manner to influence the voter as to how the voter should vote, and

(iv) has not, except as permitted under subsection (4), assisted another individual under this section in the election;

(b) if assistance is needed because the voter needs a translator to be able to read the ballot and the instructions for voting, the individual assisting must make a solemn declaration in accordance with section 269 (4).

(6) The individual assisting must accompany the voter to the voting screen or other place to be used for voting and mark the ballot in accordance with the directions of the voter.

(7) Candidates and candidate representatives must not assist in marking a ballot.

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

Individuals needing assistance — mail-in voting

109.01   (1) This section applies to voters

(a) who vote by using a mail-in voting package, and

(b) who

(i) are unable to mark a ballot or request a mail-in voting package because of physical disability or difficulties with reading or writing, or

(ii) 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 by an individual in voting or in requesting a mail-in voting package.

(3) An individual must not act under this section to assist more than one voter in an election.

(4) As an exception to subsection (3), an individual may assist more than one member of the individual's family to whom subsection (1) (b) (i) or (ii) applies.

(5) An individual who is assisting a voter under this section must

(a) preserve the secrecy of the ballot in accordance with section 90,

(b) if needed, mark the ballot in accordance with the directions of the voter, and

(c) refrain from attempting in any manner to influence the voter as to how the voter should vote.

(6) If a voter referred to in subsection (1) (b) (i) is unable to sign the declaration, which may be on the certification envelope or otherwise, the individual assisting the voter

(a) must sign the declaration that the voter

(i) is registered as a voter for the electoral district for which the voter is voting or is applying to register as such in conjunction with voting, and

(ii) has not previously voted in the election and will not afterwards vote again in the same election, and

(b) must provide information in accordance with the directions in the mail-in voting package.

(7) Under this section, the signature of the individual assisting the voter is considered to be the signature of the voter who is assisted in voting under this section.

(8) An individual must not provide assistance as a translator under this section unless the individual is able to make the translation and makes it to the best of the individual's abilities.

(9) An individual is not considered to have voted or to have applied for a mail-in voting package by assisting a voter under this section.

Individuals unable to enter a voting place

110   (1) This section applies to voters who come to a voting place to vote but who are unable to enter the voting place because of physical disability or impaired mobility.

(2) A voter referred to in subsection (1) may request to vote at the nearest location to the voting place to which the voter has access.

(3) If a request is made, the election official responsible must attend the voter at the nearest location to the voting place for the purpose of allowing the voter to meet the applicable requirements to obtain a ballot.

(4) The election official responsible must ensure that the voter's marked ballot is deposited in the appropriate ballot box, taking whatever steps the official considers necessary to maintain the secrecy of the ballot.

(5) The election official responsible may temporarily suspend voting proceedings in order to allow a voter to vote under this section.

(6) Separate ballot boxes may be used for the purposes of this section.