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29 In order to vote in an election for an electoral district, an individual must
(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.
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;
(c) an individual who is prohibited from voting under Part 12.
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;
(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;
(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.
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 the government of 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.
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 the individual's application for registration is accepted by the voter registration or election official responsible.
34 (1) If a registered voter changes the place where the voter is resident, changes the voter's name or otherwise changes the information required regarding registration, the voter may apply to update the voter's 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).
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.
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.
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 second 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.
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.
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.
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
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.
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 election official of the applicant's identity and residential address in accordance with subsection (3).
(3) For the purposes of subsection (2) (b),
(a) an applicant may produce to the election official
(i) one document, issued by the government of British Columbia or the government of Canada, that contains the applicant's name, photograph and residential address,
(ii) one document, issued by the government of Canada, that certifies that the applicant is registered as an Indian under the Indian Act (Canada), or
(iii) 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 residential address, and
(b) an applicant who resides in a residence that is in a site-based voting area established under section 80 (4) and who attends voting proceedings conducted at the site-based voting area may produce one document of a type authorized by the chief electoral officer that contains the applicant's name.
(3.1) The chief electoral officer must publish, on an Elections BC authorized internet site, a notice setting out the types of documents that are authorized for the purposes of subsection (3) (a) (iii) and (b).
(3.2) The information published under subsection (3.1) must continue to be published on the Elections BC authorized internet site.
(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.
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.
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.
(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.
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.
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.
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.
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.
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 the individual's 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 the individual 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.
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.
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.
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.
(b) only on the basis that the individual whose name appears on a list of voters
(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.
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.
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.
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.
Division 4 — 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
(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.
Contents | Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 10.1 | Part 11 | Part 12 | Part 13 | Schedule
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