Section 1 BEFORE amended by 2017-11-1, effective October 5, 2017 (day after 1st Reading) [retro from November 2, 2017 (Royal Assent)].
Definition
1 In this Act, "leader of a recognized political party" means a member of the Legislative Assembly other than the Premier or Leader of the Official Opposition, who is the leader in the Legislative Assembly of an affiliation of electors comprised in a political organization whose prime purpose is the fielding of candidates for election to the Legislative Assembly and that is represented in the Legislative Assembly by 4 or more members.
Section 10 (2) BEFORE amended by 2023-10-88, effective March 30, 2023 (Royal Assent).
(2) If any or all of the powers and duties of an official are transferred to another, the official to whom the powers and duties are transferred may exercise the powers and perform the duties under his or her own title or the title of the official from whom the powers and duties are transferred.
Section 11 (1) BEFORE amended by 2017-11-2, effective November 2, 2017 (Royal Assent).
(1) The Lieutenant Governor in Council may appoint any member of the Executive Council holding a salaried position as acting minister in the place of any other member, while the other member is absent from the capital or unable from illness to perform the duties of his or her office.
Section 11 (1) and (2) BEFORE amended by 2023-10-89, effective March 30, 2023 (Royal Assent).
(1) The Lieutenant Governor in Council may appoint any member of the Executive Council holding a salaried position as acting minister in the place of any other member, if the other member is deceased or while the other member is absent from the capital or otherwise unable to perform the duties of his or her office.
(2) All acts of an acting minister have the same effect as if done by the minister in whose place he or she is acting.
Section 15 (1) BEFORE amended by 2023-10-90, effective March 30, 2023 (Royal Assent).
(1) If, under an enactment, power or authority is granted to or vested in an official appointed under section 9, the official may, by written authority approved by the Lieutenant Governor in Council, delegate that power or authority to a person employed under him or her in the executive government, subject to limitations, restrictions and conditions the official or the Lieutenant Governor in Council may impose and as are set out in the written authority.
Section 16 (c) BEFORE amended by 2007-29-44,Sch, effective July 1, 2007 (BC Reg 229/2007).
(c) a municipality, improvement district, regional district, school board, francophone education authority as defined in the School Act or other local authority;
Section 18 BEFORE re-enacted by 1999-31-6, effective April 18, 2001 [dissolution of 36th Parliament].
Section 23 (2) and (3) BEFORE amended by 2001-36-1, effective December 9, 2002 (BC Reg 330/2002).
(2) In the absence of dissolution the members of the Legislative Assembly hold their seats for 5 years from the day named as the return day in the writs for the election of members to the Legislative Assembly and no longer.
(3) If the day named as the return day in one or more of the writs for a general election of members, either as originally issued or as subsequently altered or extended, differs from that named in the others, the period of 5 years runs from the return day named which is latest in time.
Section 23 (2) and (3) BEFORE amended by 2017-11-3, effective November 2, 2017 (Royal Assent).
(2) Subject to subsection (1), a general voting day must occur on May 17, 2005 and thereafter on the second Tuesday in May in the fourth calendar year following the general voting day for the most recently held general election.
(3) In subsection (2), "general election" and "general voting day" have the same meanings as in section 1 of the Election Act.
Section 23 (2), (3) and (4) BEFORE amended by 2019-42-153,Sch 1, effective March 11, 2022 (BC Reg 57/2022).
(2) Subject to subsection (1), a general voting day must occur on the third Saturday in October in the fourth calendar year following the general voting day for the most recently held general election.
(3) As an exception to subsection (2), if the campaign period for a general election to be held under that subsection would overlap with the campaign period for a general local election to be held under section 52 of the Local Government Act or the election period for a federal general election to be held under section 56.1 (2) or section 56.2 of the Canada Elections Act, the general voting day for the general election must be held instead on a date to be specified under the Election Act that the Lieutenant Governor in Council determines to be suitable after consulting the Chief Electoral Officer, the Leader of the Official Opposition and each leader of a recognized political party.
(4) In this section, "general election" and "general voting day" have the same meaning as in section 1 of the Election Act.
Section 24 (1) BEFORE amended by 2023-10-91, effective March 30, 2023 (Royal Assent).
(1) A member of the Legislative Assembly must not vote or sit until he or she has taken and subscribed the following oath before the Lieutenant Governor, or some other person authorized by the Lieutenant Governor to administer the oath:
I, A.B., swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II [or her successor], her heirs and successors, according to law. So help me God.
Section 25 (b) (i) BEFORE amended by 2003-70-120, effective March 29, 2004 (BC Reg 64/2004).
(i) a director or senior officer as defined in the Company Act, or
Section 26 (2) BEFORE amended by 2002-48-2, effective May 30, 2002 (Royal Assent).
(2) Section 25 does not apply if the corporation referred to in section 25 (b) is a Crown corporation as defined in the Crown Corporation Reporting Act, R.S.B.C. 1979, c. 84, or is an agent of the Crown.
Section 26 (2) BEFORE amended by 2007-23-18, effective April 1, 2007 [retro from May 31, 2007 (Royal Assent)].
(a) if the money accepted is the basic compensation, Capital City allowance or salary for a member of the Legislative Assembly, member of the Executive Council, Premier, parliamentary secretary or other official referred to in section 3 of the Legislative Assembly Management Committee Act;
Section 26 (1) (f) BEFORE amended by 2023-10-92, effective March 30, 2023 (Royal Assent).
(f) if the money that is accepted arises out of a contract or benefit available under an enactment or a program of the government without competition to any person or corporation meeting the qualifications set out in the enactment or program, as long as the contract or benefit is associated with a business in respect of which the member is required to disclose his or her interest under the Members' Conflict of Interest Act, and he or she has made that disclosure.
Section 26.1 was enacted by 2001-43-2, effective April 1, 2001 [retro from August 27, 2001 (Royal Assent)].
Section 34 (b) BEFORE amended by 2016-5-39,Sch 1, effective March 10, 2016 (Royal Assent)
(b) the member takes an oath or makes a declaration or acknowledgment of allegiance, obedience or adherence to a foreign state or power;
Section 37 (2) BEFORE amended by 2019-42-153,Sch 1, effective March 11, 2022 (BC Reg 57/2022).
(2) On being confirmed by the Lieutenant Governor, the election of a Speaker under subsection (1) is effective until the general voting day for the next general election, or until the Speaker dies, resigns the office by writing addressed to the Lieutenant Governor, or ceases to be a member of the Legislative Assembly.
Section 39 (4) and (5) BEFORE amended by 2023-10-95, effective March 30, 2023 (Royal Assent).
(4) A person occupying the position of a permanent officer of the Legislative Assembly is deemed to have occupied that position on and after the date of his or her appointment until the person dies, resigns or is removed from office.
(5) If a person referred to in subsection (4) dies while in office, the remuneration to which the person would have been entitled, had he or she lived until the end of the sixth month after the month in which he or she died, must be paid to the person's estate.
Section 49 (1) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
(1) The Clerk of the Legislative Assembly must pay to the Minister of Finance and Corporate Relations all fees paid to the Clerk under the standing rules and orders of the Legislative Assembly.
Section 56 (1) BEFORE amended by 2023-10-96, effective March 30, 2023 (Royal Assent).
(1) Despite anything in this Act, any member of the Legislative Assembly who is not a member of the Executive Council, but who has at any time held the office of Attorney General, may be employed as counsel for the Crown in the conduct of any proceeding which was pending at the time he or she ceased to hold the office of Attorney General.