Short title

1.   This Act may be cited as the Vancouver Charter.

1953-55-1.

Interpretation

2.   In this Act, and in any by-law passed pursuant to this Act, unless the context otherwise requires,

"animal control officer" means

(a) an employee, officer or agent designated by the Council as an animal control officer for the purposes of this Act, or

(b) a peace officer;

"assent voting" means assent voting under Part II [Assent Voting];

"assessed value" means assessed value as determined under the Assessment Act;

"assessor" means an assessor appointed under the Assessment Authority Act;

"city" means the City of Vancouver;

"conservation" includes any activity undertaken to protect, preserve or enhance the heritage value or heritage character of heritage property or an area;

"Council" means the Council of the city;

"court" means the Supreme Court;

"Crown lands" means real property belonging to Canada or the Province, and includes real property held in trust for a body or tribe of Indians;

"elector" means a resident elector or a non-resident property elector;

"fee" includes a fee by any name, including a charge;

"heritage character" means the overall effect produced by traits or features which give property or an area a distinctive quality or appearance;

"heritage property" means property that

(a) in the opinion of a person or body authorized to exercise a power under this Act in relation to the property, has sufficient heritage value or heritage character to justify its conservation, or

(b) is protected heritage property;

"heritage value" means historical, cultural, aesthetic, scientific or educational worth or usefulness of property or an area;

"housing cooperative" has the same meaning as in section 1 of the Cooperative Association Act;

"housing information" means the housing information collected under section 574.2 [collection of housing information];

"housing needs report" means a housing needs report within the meaning of Division (6) of Part XXVII;

"improvements" for the purpose of levying rates means improvements as defined in the Assessment Act;

"improvements" for purposes other than levying of rates includes buildings, structures, machinery and other things so affixed to the land as to make them in law a part of the land;

"Judge" means a Judge of the Supreme Court of British Columbia;

"land" does not include improvements;

"land title office" means the office of the Vancouver Land Title District, and "registered", when used in respect of real property, means registered in that office;

"local government" means

(a) the council of a municipality, including the Council of the city, and

(b) the board of a regional district;

"newspaper" means, in relation to a requirement or authorization for publication in a newspaper, a publication or local periodical that contains items of news and advertising;

"non-resident property elector" means a person who at the relevant time meets the qualifications under section 24;

"occupier", when used with respect to Crown lands, includes tenant and holder of an agreement to purchase;

"other administrative body" means an unincorporated body other than the Council, that under this or another Act may exercise powers of the city or Council, and includes the Board of Parks and Recreation;

"owner under agreement" means a person who is registered as the last holder, either directly or by assignment, of an agreement for the sale and purchase of real property;

"parcel" means any lot, block, or other area in which real property is held or into which real property is subdivided, but does not include a street, or any portion thereof;

"Park Board" means the Park Board established under section 485;

"protected heritage property" means property that is

(a) protected under section 12.1 (2) of the Heritage Conservation Act,

(b) designated as protected under section 593 [heritage designation protection], or

(c) listed in a schedule included under section 596A (3) (b) [designation of heritage conservation areas] in an official development plan;

"real property" includes land and every improvement thereon;

"registered owner" means the person registered in the land title office as entitled to the fee simple;

"regulating" includes authorizing, controlling, limiting, inspecting, restricting, and prohibiting;

"resident elector" means a person who, at the relevant time, meets the qualifications under section 23;

"strata corporation" has the same meaning as in section 1 of the Strata Property Act;

"street" includes public road, highway, bridge, viaduct, lane, and sidewalk, and any other way normally open to the use of the public, but does not include a private right-of-way on private property;

"transit-oriented area" means an area within a prescribed distance from a transit station;

"transit station" means

(a) a prescribed bus stop, bus exchange, passenger rail station or other transit facility, and

(b) a planned, prescribed bus stop, bus exchange, passenger rail station or other transit facility.

1953-55-2; 1956-70-2; 1958-72-2; 1977-30-145, proclaimed effective September 30, 1977; 1978-25-333, 334, proclaimed effective October 31, 1979; 1985-20-40, effective October 1, 1985 for some purposes and in full effect January 1, 1987 (B.C. Reg. 291/85); 1989-40-218; 1993-54-60; 1994-43-83; 1994-52-132; 1997-25-160; 1999-37-281; 2000-7-252; 2002-22-25; 2004-34-19; 2010-6-125; 2014-19-112; 2018-23-43; 2018-20-5; 2019-26-39; 2021-5-84; 2023-16-13; 2023-48-12; 2024-3-10.

Application of specified local government enactments

2.1   (1) The following provisions of the Local Government Act apply to the city:

(a) section 37 [transfer of Provincial property tax money if rural land included in municipality];

(b) section 328 (4) [fire and security alarm systems];

(c) Part 13 [Regional Growth Strategies];

(d) section 462 (6) [fees related to applications and inspections];

(e) section 582 [provincial policy guidelines];

(f) [Repealed 2020-1-8.]

(g) section 731 [improvement district property exempt from taxation];

(h) Division 1 [Certification of Senior Officials] of Part 19;

(i) the provisions of the former Part 24 [Regional Districts], as the former Part 24 is defined in the Schedule to that Act.

(2) The following provisions of the Community Charter apply to the city:

(a) Division 6 [Ministerial Regulations] of Part 6 [Financial Management];

(b) section 193.1 [interest calculation];

(c) section 223 [exemptions under regulations];

(d) Division 3 [Dispute Resolution] of Part 9 [Governmental Relations].

(2.1) The definitions in the Local Government Act and the Community Charter apply to the city in relation to the application of the provisions referred to in subsections (1) and (2).

(3) Despite anything in the Community Charter or the Local Government Act to the contrary, the only provisions of those Acts that apply to the city are the provisions referred to in this Act.

(4) The following Acts apply to the city:

(a) the Municipalities Enabling and Validating Act, R.S.B.C. 1960, c. 261;

(b) the Municipalities Enabling and Validating Act (No. 2), S.B.C. 1990, c. 61;

(c) the Municipalities Enabling and Validating Act (No. 3), S.B.C. 2001, c. 44;

(d) the Municipalities Enabling and Validating Act (No. 4), S.B.C. 2011, c. 14;

(e) the Municipalities Enabling and Validating Act (No. 5), S.B.C. 2023, c. 3.

1994-43-84; 1995-9-16; 1997-25-161; 1998-34-309; 1999-37-282 to 284; 2000-7-191; 2003-52-498; 2004-7-9; 2004-67-38; 2006-3-26; 2014-14-47; 2014-19-113; RS2015-1-RevSch; 2020-1-8; 2021-16-18; 2023-22-3.

Variation authority

2.2   In addition to any other variation authority that is specifically provided under this Act, a regulation that may be made by the Lieutenant Governor in Council or a minister under any provision of this Act may

(a) establish different classes of by-laws, parts or areas of the city, persons, property, circumstances, things and other matters,

(b) make different provisions, including exceptions, for different classes referred to in paragraph (a), and

(c) make different provisions, including exceptions, for different by-laws, different parts or different areas of the city or different persons, property, circumstances, things and other matters.

2023-32-44.

Requirements for public notice

3.   (1) If this Act requires notice to be given or published in accordance with this section, the notice must be published in accordance with section 3.1 or 3.2, as applicable.

(2) If a matter is subject to 2 or more requirements for publication in accordance with this section, the notices may be combined so long as the requirements of all applicable provisions are met.

(3) The Council may provide any additional notice respecting a matter that it considers appropriate, including by the internet or other electronic means.

2021-30-49.

Default publication requirements

3.1   (1) Unless the Council has adopted a bylaw under section 3.2, and subject to subsection (3) of this section, a notice must be published

(a) in a newspaper that is distributed at least weekly

(i) in the area affected by the subject matter of the notice, and

(ii) if the area affected is not in the city, also in the city, and

(b) unless this Act provides otherwise, once each week for 2 consecutive weeks.

(2) The obligation under subsection (1) may be met by publication of the notice in more than one newspaper, if this is in accordance with that subsection when the publications are considered together.

(3) If publication under subsection (1) is not practicable, the notice may be given in the areas by alternative means so long as the notice

(a) is given within the same period as required for newspaper publication,

(b) is given with the same frequency as required for newspaper publication, and

(c) provides notice that the Council considers is reasonably equivalent to that which would be provided by newspaper publication.

(4) As an exception, subsection (3) (b) does not apply in relation to an area if the alternative means is by individual distribution to the persons resident in the area.

2021-30-49.

Bylaw to provide for alternative means of publication

3.2   (1) The Council may, by bylaw, provide for alternative means of publishing a notice instead of publishing the notice in a newspaper in accordance with section 3.1 (1) (a) and (b).

(2) A bylaw adopted under this section must specify at least 2 means of publication by which a notice is to be published, not including making it available for public inspection at the City Hall.

(3) Subject to the regulations, the Council may specify, in a bylaw adopted under this section, any means of publication, so long as, before adopting the bylaw, the Council considers the principles prescribed by regulation under subsection (6) (a).

(4) A bylaw adopted under this section may not provide for different means of publication for different matters for which notice is required.

(5) If a bylaw is adopted under this section, the applicable notice referred to in section 3 (1)

(a) must be published by the means specified in that bylaw,

(b) subject to the regulations and unless this Act provides otherwise, must be published at least 7 days before the date of the matter for which notice is required, and

(c) if a period is prescribed for the purpose of this paragraph and unless this Act provides otherwise, must be published in the prescribed period before the date of the matter for which notice is required.

(6) The minister may make regulations as follows:

(a) prescribing the principles that must be considered before adopting a bylaw under this section;

(b) prescribing one of the means of publication that must be specified in a bylaw adopted under this section;

(c) requiring that one or more of the means of publication specified in a bylaw adopted under this section be selected from the prescribed means;

(d) for the purpose of subsection (5) (b), prescribing a number of days, other than 7 days, before the date of the matter for which notice is required;

(e) for the purpose of subsection (5) (c), prescribing a period of time.

2021-30-50.

Deputies may be appointed

4.   (1) The Council may appoint one or more persons to act as deputy of the Director of Finance, City Clerk or other employee of the city.

(2) If the person for whom deputies are appointed is absent or ceases to hold office, the deputies of that person shall exercise and discharge the powers, functions and duties of the person during the absence, or, in the case of the person ceasing to hold office, until the Council otherwise determines, and in the meantime all things required or authorized to be done by that person may be lawfully done by such deputies.

1992-57-2.

Procedure if no deputy

5.   If an employee is absent, dies or otherwise ceases to hold office and a deputy has not been appointed under section 4 for the employee, the Mayor may, in writing, appoint a person to act in the employee's office until the Council determines otherwise.

2022-15-32.

City of Vancouver — corporation and boundaries

6.   The inhabitants of the area, the boundaries of which are described in this section, shall continue to be a corporation and a municipality with the name of City of Vancouver:

Boundaries of the city

Commencing at a point in the First Narrows of Burrard Inlet, which point is eight hundred (800) feet distant northerly, measured along a line astronomically north from the light in Prospect Point Lighthouse; thence south-easterly in a straight line to a point in Burrard Inlet on the production northerly of the boundary between District Lot Five hundred and forty-one (541) and District Lot One hundred and eighty-five (185), which point is situate at the intersection of the said production with the straight line from the light in Brockton Point Lighthouse to a point in the Second Narrows of Burrard Inlet distant five hundred (500) feet northerly, measured along the production northerly of the easterly boundary of the Town of Hastings from a boundary survey monument set at or near the high-water mark for the southerly shore of Burrard Inlet and on the said easterly boundary of the Town of Hastings; thence easterly along the aforedescribed straight line to the aforesaid point on the production northerly of the easterly boundary of the Town of Hastings; thence southerly, following in succession along the said production northerly of the easterly boundary of the Town of Hastings, the said easterly boundary of the Town of Hastings, the easterly boundary of District Lot Thirty-six (36), the easterly boundary of District Lot Forty-nine (49), the easterly boundary of District Lot Three hundred and thirty-nine (339), the easterly boundary of District Lot Three hundred and thirty-five (335), the easterly boundary of District Lot Three hundred and thirty-one (331), and along the production southerly of the said easterly boundary of District Lot Three hundred and thirty-one (331) to intersection of the same with a line drawn parallel to and two hundred (200) feet perpendicularly distant southerly from low-water mark of the north bank of the North Arm of Fraser River; thence in a general westerly direction, following the said line drawn parallel to and two hundred (200) feet perpendicularly distant southerly from low-water mark of the north bank of the North Arm of Fraser River to intersection of the same with the production southerly of the westerly boundary of District Lot Three hundred and eleven (311); thence southerly along the said westerly boundary of District Lot Three hundred and eleven (311) thus produced to the centre line of the North Arm of Fraser River; thence in a general westerly direction, following the said centre line and continuing along the centre line of the channel of navigation of the North Fork of the North Arm of Fraser River, passing to the north of Sea Island, Richmond Island, Christopher Wood's Island (D.L. 309), Iona Island (D.L. 236), and to the south of Cowan Island (D.L. 307), Stewart Island (D.L. 308), and Doering Island (D.L. 306), to intersection of the said centre line of the channel of navigation with the production southerly of the easterly boundary of Musqueam Indian Reserve Number Two (2); thence northerly along the said easterly boundary thus produced to intersection of the same with a line drawn parallel to and five hundred (500) feet perpendicularly distant southerly from the south-westerly boundary of the said Indian reserve; thence in a general north-westerly direction, following the said line drawn parallel to and five hundred (500) feet perpendicularly distant southerly from the south-westerly boundary of the said Indian reserve to the intersection of the same with the production southerly of the most westerly boundary of the said Indian reserve; thence northerly along the said westerly boundary thus produced and along the said westerly boundary to the north-westerly corner of the said Indian reserve; thence easterly, northerly, and easterly, following in succession along the northerly boundary of the said Indian reserve to intersection of the same with a line drawn parallel to and thirty-three (33) feet perpendicularly distant westerly from the westerly boundary of District Lot Three hundred and twenty (320); thence northerly, parallel to and thirty-three (33) feet perpendicularly distant westerly from the said westerly boundary of District Lot Three hundred and twenty (320), and continuing northerly, parallel to and thirty-three (33) feet perpendicularly distant westerly from the westerly boundary of District Lot Two thousand and twenty-seven (2027) to intersection of the same with the line perpendicular to the said westerly boundary of District Lot Two thousand and twenty-seven (2027) from the south-west corner of Block Eighteen (18) therein; thence westerly at right angles to the said westerly boundary of District Lot Two thousand and twenty-seven (2027) a distance of four hundred and ten (410) feet; thence northerly, parallel to the said westerly boundary of District Lot Two thousand and twenty-seven (2027) a distance of six hundred and sixty-seven and seven-tenths (667.7) feet, more or less; thence easterly along the arc of a circular curve to the right, having a radius of curvature of one thousand four hundred and fifty (1,450) feet, and arc distance of three hundred and eighty-one and four-tenths (381.4) feet, more or less, to a point of tangency to and on the production westerly of the line perpendicular to the aforesaid westerly boundary of District Lot Two thousand and twenty-seven (2027) from the north-west corner of Block Nineteen (19) therein, which point of tangency is situate sixty-six (66) feet distant westerly, measured along the said perpendicular line from the said corner of Block Nineteen (19); thence easterly along the aforesaid perpendicular line to intersection of the same with a line drawn parallel to and thirty-three (33) feet perpendicularly distant westerly from the westerly boundary of District Lot Two thousand and twenty-seven (2027); thence northerly and parallel to the said westerly boundary of District Lot Two thousand and twenty-seven (2027) to intersection with the production easterly of a line drawn parallel to and thirty (30) feet perpendicularly distant south from the southerly boundary of Block Two hundred and ninety-two (292), District Lot One hundred and forty (140); thence westerly following in the said production easterly of a line drawn parallel to and thirty (30) feet perpendicularly distant south from the southerly boundary of Block Two hundred and ninety-two (292), and continuing westerly in the said line drawn parallel to and thirty (30) feet perpendicularly distant south from the southerly boundary of said Block Two hundred and ninety-two (292) to an intersection with the southerly production of a radius passing through the beginning of a curve to the right in the said southerly boundary of Block Two hundred and ninety-two (292); thence westerly and north-westerly in the arc of a curve to the right of radius one hundred and eighty-nine and seven-tenths (189.7) feet concentric with the said curve to the right in the southerly boundary of Block Two hundred and ninety-two (292) to an intersection with the south-westerly production of a radius passing the end of said curve to the right in the southerly boundary of Block Two hundred and ninety-two (292); thence north-westerly in a straight line drawn parallel to and thirty (30) feet perpendicularly distant south-westerly from the said southerly boundary of Block Two hundred and ninety-two (292) to an intersection with the southerly production of a line drawn parallel to and seventy (70) feet perpendicularly distant westerly from the westerly boundary of said Block Two hundred and ninety-two (292); thence northerly in the said southerly production of a line drawn parallel to and seventy (70) feet perpendicularly distant westerly from the westerly boundary of Block Two hundred and ninety-two (292) and continuing northerly in the said line to an intersection with the westerly production of a line drawn parallel to and fifty (50) feet perpendicularly distant north of the northerly boundary of said Block Two hundred and ninety-two (292); thence easterly in the said westerly production of a line drawn parallel to and fifty (50) feet perpendicularly distant north of the northerly boundary of Block Two hundred and ninety-two (292) and continuing easterly in the said line to an intersection with the northerly production of a radius passing through a beginning of curve to the right in the said northerly boundary of Block Two hundred and ninety-two (292); thence easterly in the arc of a curve to the right of radius nine hundred and fifty-five and thirty-seven one-hundredths (955.37) feet concentric with the said curve to the right in the northerly boundary of Block Two hundred and ninety-two (292) to an intersection with the northerly production of a radius passing through the end of said curve to the right in the northerly boundary of Block Two hundred and ninety-two (292); thence easterly in a line drawn parallel to and fifty (50) feet perpendicularly distant north of the said northerly boundary of Block Two hundred and ninety-two (292) to intersection with the northerly production of a line drawn parallel to and one hundred (100) feet perpendicularly distant west of the westerly boundary of Lot C in said Block Two hundred and ninety-two (292); thence northerly in the said northerly production of a line drawn parallel to and one hundred (100) feet perpendicularly distant west of the westerly boundary of Lot C in Block Two hundred and ninety-two (292) a distance of fifty (50) feet; thence easterly in a line drawn parallel to and one hundred (100) feet perpendicularly north of the said northerly boundary of Block Two hundred and ninety-two (292) to intersection with the northerly production of the said westerly boundary of Lot C; thence southerly in the said northerly production of the westerly boundary of Lot C to a point in the said northerly boundary of Block Two hundred and ninety-two (292); thence easterly in the said northerly boundary of Block Two hundred and ninety-two (292) and the easterly production thereof to a point in the said westerly boundary of District Lot Two thousand and twenty-seven (2027); thence northerly in a straight line to the north-west corner of the said District Lot Two thousand and twenty-seven (2027); thence northerly in a straight line to a point on the centre line of Eighteenth Avenue produced westerly, which point is situate thirty-three (33) feet distant westerly, measured along the said centre line thus produced from its intersection with the westerly boundary of Block Forty-four (44) in District Lot One hundred and thirty-nine (139); thence westerly, parallel to the centre line of Sixteenth Avenue (which centre line shall be deemed to be, for the purpose of this description, that line drawn parallel to and sixty-six (66) feet perpendicularly distant southerly from the northern limit of Sixteenth Avenue) to intersection of the same with the centre line of Discovery Street; thence northerly along the centre line of Discovery Street to intersection of the same with the said centre line of Sixteenth Avenue; thence westerly along the centre line of Sixteenth Avenue to intersection of the same with a line drawn parallel to and thirty-three (33) feet perpendicularly distant westerly from the westerly boundary of Block One hundred and sixty (160) in District Lot Five hundred and forty (540); thence northerly, parallel to and thirty-three (33) feet perpendicularly distant westerly from the westerly boundaries, in succession, of Blocks One hundred and sixty (160), One hundred and fifty-nine (159), One hundred and fifty-two (152), One hundred and fifty-one (151), and One hundred and forty-four (144) respectively in District Lot Five hundred and forty (540) to intersection of the same with the centre line of Sixth Avenue; thence westerly along the centre line of Sixth Avenue, being along a curve to the left, concentric with and radially distant forty (40) feet southerly from the southerly boundary of Block Seven (7) in District Lot One hundred and forty (140), to intersection of the same with the continuation southerly of the curve, concentric with and radially distant thirty-three (33) feet westerly from the westerly boundary of the said Block Seven (7) in District Lot One hundred and forty (140); thence northerly along the said curve, concentric with and radially distant thirty-three (33) feet westerly from the said westerly boundary of Block Seven (7) in District Lot One hundred and forty (140), and along the continuation northerly thereof, to intersection of the same with the centre line of the one-hundred-and-twenty-foot street lying between Blocks Six (6) and Seven (7) in District Lot One hundred and forty (140) (which street is now known as "Fourth Avenue"); thence westerly along the centre line of the said one-hundred-and-twenty-foot street to intersection of the same with the production southerly of the westerly boundary of Block Five (5) in District Lot One hundred and forty (140); thence northerly along the said production, and continuing northerly along the westerly boundaries, in succession, of Blocks Five (5), Three (3), and One (1) respectively in District Lot One hundred and forty (140) to the north-west corner of the said Block One (1); thence continuing northerly along the production northerly of the said westerly boundary of Block One (1) in District Lot One hundred and forty (140) a distance of forty (40) feet, more or less, to a boundary survey monument set at or near the high-water mark of Burrard Inlet; thence along a line bearing astronomically north, thirteen (13) degrees east, a distance of two thousand (2,000) feet; thence easterly in a straight line to a point in English Bay of Burrard Inlet, which point is situate astronomically north and three thousand (3,000) feet distant from a boundary survey monument set on the boundary between District Lot Five hundred and twenty-six (526) and District Lot One hundred and ninety-two (192) and set at a distance southerly from high-water mark of English Bay of approximately fifty (50) feet; thence astronomically north to intersection with a line drawn astronomically west through the aforedescribed point of commencement; thence astronomically east to the said point of commencement; each and every of the district lots herein mentioned being more particularly described as being in Group One (1), New Westminster District of the Province of British Columbia.

1953-55-6; 1970-54-2; 1972-67-3.

Definitions

7.   In this Part

"additional advance voting opportunity" means a voting opportunity under section 70;

"additional general voting opportunity" means a voting opportunity under section 68;

"advance voting opportunity" means a required advance voting opportunity or an additional advance voting opportunity;

"candidate"

(a) means a person who is declared to be a candidate under section 46, and

(b) for the purposes of Division (6.1) [Candidate Endorsement by Elector Organization], includes a person who is seeking endorsement or is proposed to be endorsed under that Division;

"candidate representative" means an official agent or a scrutineer appointed under section 53;

"chief election officer" means the election official referred to in section 14 (1);

"election" means an election for Mayor or an election for the number of persons required to fill the office of Councillor;

"election area" means the city, neighbourhood constituency or other area for which an election is held under this Act or other local elections legislation;

"election official" means the City Clerk, if this person is the chief election officer, or a person appointed under section 14;

"election proceedings" means nomination, voting or counting proceedings under this Part;

"elector organization" means an organization that endorses a candidate under Division (6.1) [Candidate Endorsement by Elector Organization] of this Part;

"endorsement", in relation to a candidate, means the endorsement of the candidate by an elector organization under Division (6.1) [Candidate Endorsement by Elector Organization];

"endorsement documents" means documents required to be filed by an elector organization under section 45.4 [endorsement documents];

"general voting" means voting proceedings at required general voting opportunities and additional general voting opportunities and, if applicable, those proceedings as adjourned under section 20;

"general voting day" means,

(a) in relation to an election, the applicable day established under

(i) section 9 (2) [general local elections],

(ii) section 10 (5) [by-elections],

(iii) section 11 [election to be conducted under minister's order],

(iv) section 114 (5) [runoff election if tie vote after a judicial recount], or

(v) section 127 [ministerial orders in special circumstances], and

(b) in relation to assent voting, the applicable day established under

(i) section 134 [authority to set general voting day], or

(ii) section 127 [ministerial orders in special circumstances] as it applies to assent voting;

"held at the same time", in relation to elections and assent voting, means being held at the same time in accordance with the rules established by section 6 [when elections, or elections and assent voting, are considered to be held at the same time] of the Local Elections Campaign Financing Act;

"judicial recount" means a judicial recount under Division (14);

"neighbourhood constituency" means an election area established as a neighbourhood constituency under section 138;

"nomination deposit" means a nomination deposit required by by-law under section 44.1 [nomination deposits may be required];

"nomination documents" means the documents required by section 44 (1) and (2);

"nomination period" means the period referred to in section 41 or, if applicable, as extended by an adjournment under section 20;

"official agent" means an official agent appointed under section 53 (1) (a) [appointment of candidate representatives] to represent a candidate;

"presiding election official" means, in relation to election proceedings, the chief election officer or the election official appointed under section 14 (3) (b) to act as presiding election official for those proceedings;

"required advance voting opportunity" means a voting opportunity under section 69;

"required general voting opportunity" means a voting opportunity on general voting day at a voting place under section 67;

"residential address" includes an indication of the area in which a person lives if no other specific designation is reasonably available;

"solemn declaration" means a declaration on oath or by solemn affirmation in accordance with section 18;

"special voting opportunity" means a voting opportunity under section 71;

"voting compartment" means an area described in section 85 (3);

"voting day" means the general voting day for an election, a day on which an advance voting opportunity for the election is offered or a day on which a special voting opportunity for the election is offered;

"voting hours" means the time during which voting is permitted on a voting day;

"voting opportunity" means an opportunity referred to in section 66 for some or all electors of an election area to vote in an election for the election area;

"voting place" means a place where voting proceedings at general voting or an advance voting opportunity are conducted.

1993-54-61; 1994-52-133; 1999-37-285; 2008-5-38; 2014-19-114.

Time not extended for voting days

8.   Sections 25 (3) and (4) and 25.5 (1) and (2) of the Interpretation Act, extending a time period if the time for doing an act expires or falls on a holiday or on a day when a business office is not open during regular business hours, do not apply to a voting day.

2018-5-15.

This Act applies

8.1   To the extent of any inconsistency or conflict with the Freedom of Information and Protection of Privacy Act, Parts I and II of this Act apply despite that Act.

1995-29-5.

General local election

9.   (1) Elections for the Mayor and all Councillors, to be known collectively as a general local election, must be held in the year 2014 and in every fourth year after that.

(2) General voting day for a general local election must be the third Saturday of October in the year of the election.

1993-54-61; 2014-19-115; 2014-19-185; 2021-30-56,Sch 2.

By-elections

10.   (1) Except as permitted under subsections (2) and (3), an election must be held to fill a vacancy in the Council that occurs in any of the following circumstances:

(a) a person elected or appointed to the office under this Part dies before taking office or the person holding the office dies;

(a.1) the office becomes vacant under section 39.1 [disqualification — indictable offence];

(b) the person holding the office resigns under section 142 [resignation from office];

(c) the office is declared vacant on an application under section 115 [application to court], or a candidate affected by such an application renounces claim to the office under subsection (9) of that section;

(d) the office becomes vacant under section 142.1 [application to court for declaration of disqualification];

(e) the office becomes vacant under any of the following sections of the Local Elections Campaign Financing Act:

(i) section 64 (2) (a) [candidate penalties for failure to disclose];

(ii) section 65 (1) (a) [candidate penalties for false or misleading disclosure];

(iii) section 65.1 (1) [endorsed candidate penalties for elector organization failing to file disclosure documents or disclosing false or misleading information];

(iv) section 68.01 (3) [candidate penalties for exceeding expense limits or amount available].

(2) As an exception to subsection (1), the Council may decide that an election is not to be held if the vacancy occurs after June 1 in the year of a general local election that will fill the office.

(3) As a further exception to subsection (1), the Council may decide that an election is not to be held if all the following circumstances apply:

(a) the vacancy occurs after January 1 in the year of a general local election that will fill the office;

(b) the vacancy is not in an office elected on the basis of a neighbourhood constituency;

(c) the number of remaining Council members is at least one greater than the quorum for the Council.

(4) As soon as practicable after a vacancy occurs for which an election under this section is to be held, the Council must

(a) appoint a chief election officer for the election, and

(b) notify the minister of the election.

(4.1) As soon as practicable after the appointment under subsection (4) (a), the chief election officer must notify the BC chief electoral officer of the election.

(5) The chief election officer must set a general voting day for the election, which must be on a Saturday no later than 80 days after the date the chief election officer was appointed.

(6) If the number of members of Council is reduced to less than a quorum, the minister may either

(a) order that the remaining members of the Council constitute a quorum until persons are elected and take office to fill the vacancies, or

(b) appoint qualified persons to fill the vacancies until persons are elected and take office to fill them.

(7) A person elected under this section holds office until the applicable time referred to in section 139 (1) (b) or (2) (b).

1993-54-61; 1999-37-286; 2003-52-499; B.C. Reg. 5/2010; 2014-19-116; 2014-19-186; 2016-9-48; 2022-15-33.

Minister's order for election to be conducted

11.   (1) If an election is not held or a vacant office is not otherwise filled as required under this Act, the minister may

(a) set a general voting day for the election, appoint a chief election officer and otherwise arrange for the election to be conducted, or

(b) order the City Clerk to arrange for the election to be conducted.

(2) If considered necessary in relation to an election under subsection (1), the minister may make orders to provide for the conduct of the election and for the governing of the city until the candidates elected in that election take office, including orders that provide for exceptions to provisions of this Act and regulations or by-laws under this Act.

(3) The general voting day for an election under this section must be on a Saturday set by the minister or by the chief election officer in accordance with the directions of the minister.

1993-54-61; 2007-14-201; B.C. Reg. 5/2010.

Election by-laws

12.   (1) Unless otherwise provided, in order for a by-law under this Part or under section 319 (d) or (e), 491 (c) or 571A to apply in relation to a general local election, the by-law must be adopted at least 8 weeks before the first day of the nomination period of the general local election.

(2) Unless otherwise provided, in order for a by-law referred to in subsection (1) to apply in relation to an election under section 10, the by-law must be adopted at least 6 weeks before the first day of the nomination period for the election.

1993-54-61.

Costs of elections

13.   (1) The costs of an election, including the costs of registration of electors for the election, are the responsibility of the city unless otherwise agreed under this section.

(2) The Council may enter into an agreement with another local government or a board of school trustees under which one party to the agreement conducts an election for the other or in conjunction with an election of the other and, in relation to this, the agreement may provide for the sharing of costs of the elections.

(3) If the Council is a party to an agreement under subsection (2), it may, by by-law, provide that the by-laws of the other party respecting elections apply to elections conducted under the agreement.

(4) An agreement referred to in subsection (2) may provide for a party to conduct only some of the election proceedings for or in conjunction with the other party.

(5) An election to which an agreement referred to in subsection (4) applies is valid despite the agreement and any by-laws in relation to it having the effect of creating differences in election proceedings between different parts of the election area for which an election is held.

(6) Without limiting subsection (4), an agreement referred to in that subsection may allow the Council to restrict the persons who may vote at the election proceedings conducted under the agreement to persons who are entitled to be registered as electors in relation to a specified part of the election area.

(7) If a restriction under subsection (6) applies, on any day on which an advance voting opportunity conducted under the agreement is open to electors of only part of the election area, an advance voting opportunity must be open to all electors of the city on the same day.

(8) So long as any required advance voting opportunities are provided, no by-law is necessary for an advance voting opportunity required by subsection (7), and the voting opportunity may be held at the place and for the voting hours established by the chief election officer.

(9) The chief election officer must give notice of a voting opportunity to which subsection (8) applies in any manner the chief election officer considers appropriate, including in the notice the date, place and voting hours for the voting opportunity.

1993-54-61; 1994-52-134; 2014-19-117.

Appointment of election officials

14.   (1) For the purposes of conducting an election, the City Clerk is to be the chief election officer unless the Council appoints another person to be the chief election officer.

(2) The chief election officer must appoint election officials required for the administration and conduct of the election.

(3) Without limiting the generality of subsection (2), the chief election officer must appoint the following:

(a) a deputy chief election officer;

(b) presiding election officials for election proceedings where the chief election officer is not acting as presiding election official;

(c) election officials to act as alternate presiding election officials for election proceedings;

(d) election officials required to assist the presiding election official at election proceedings.

(4) The chief election officer may delegate the authority under subsection (3) (d) to the presiding election official for the election proceedings.

(5) The chief election officer may appoint peace officers as election officials to assist presiding election officials in fulfilling their duty to maintain peace and order at the election proceedings for which they are responsible.

(6) If an election official is absent or unable to act, a person appointed under this section as deputy or alternate for the official must perform the duties and has the powers of the official.

(7) A candidate, candidate representative or financial agent may not be appointed as an election official.

(8) Before assuming duties, an election official must make a solemn declaration that the person

(a) will faithfully and impartially exercise the powers and perform the duties of the position to which the election official is appointed,

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

(c) will preserve the secrecy of the ballot in accordance with section 85, and

(d) is not and will not become a candidate, candidate representative or financial agent while holding the position of an election official.

1993-54-61; 2014-19-118.

Chief election officer duties and powers

15.   (1) In addition to all other duties established by this Part and the Local Elections Campaign Financing Act, the chief election officer must do the following:

(a) ensure that a sufficient number of ballots are prepared for an election by voting;

(b) ensure that each voting place is supplied with sufficient numbers of ballots, ballot boxes and voting books and has an area that may be used as a voting compartment;

(c) take all reasonable precautions to ensure that a person does not vote more than once in an election;

(d) do all other things necessary for the conduct of an election in accordance with this Part, the Local Elections Campaign Financing Act and any bylaws and regulations under this Part or that Act.

(2) In addition to all other powers given by this Part, the chief election officer may do one or more of the following:

(a) exercise any power conferred on a presiding election official in relation to the election proceedings for which the presiding election official is responsible;

(b) as an exception to the restrictions on where an elector may vote, authorize an election official to vote at the voting place at which the official is working;

(c) take solemn declarations where these are required under this Part or the Local Elections Campaign Financing Act;

(d) delegate to other election officials the chief election officer's duties and powers under this Part or the Local Elections Campaign Financing Act, subject to any restrictions or conditions specified by the chief election officer;

(e) apply to the minister for an order under section 127 [ministerial orders in special circumstances] of this Act or section 99 [ministerial orders in special circumstances] of the Local Elections Campaign Financing Act.

2014-19-119.

Presiding election official duties and powers

16.   (1) In addition to other responsibilities established by this Part, a presiding election official for election proceedings must

(a) ensure, so far as possible, that this Part and regulations and by-laws under it are being complied with, and

(b) take all reasonable precautions to keep the ballots and ballot boxes secure from persons not entitled to have access to them.

(2) In addition to other powers conferred by this Part, a presiding election official may

(a) take solemn declarations where these are required by this Part in relation to the election proceedings for which the presiding election official is responsible, and

(b) if section 125 (4) (c) or (d) is being contravened, enter on the property where the materials that are the subject of the contravention are located and remove or cover them or otherwise obscure them from view, or authorize another person to do so.

1993-54-61.

Public notices

17.   (1) If this Act requires notice to be given in accordance with this section, the notice must be given in accordance with section 3.

(2) [Repealed 2021-30-51.]

(3) Notices to which this section applies may be combined as long as the requirements of all applicable sections are met.

1993-54-61; 2000-7-254; 2021-30-51.

Solemn declarations

18.   (1) Where this Part requires a solemn declaration to be made, the declaration must be

(a) made on oath or by solemn affirmation,

(b) made before a commissioner for taking affidavits for British Columbia or a person authorized by this Part to take the oath or solemn affirmation, and

(c) signed by the person making the oath or solemn affirmation and by the person before whom it is made.

(2) If a regulation under section 128 applies, the declaration must be made in a form prescribed by the regulation.

1993-54-61.

Keeping order at election proceedings

19.   (1) A presiding election official must maintain peace and order so far as reasonably possible at the election proceedings for which the presiding election official is responsible.

(2) For the purposes of this section, the presiding election official may do one or more of the following:

(a) restrict or regulate the number of persons admitted at any time to the place where the proceedings are being conducted;

(b) order a person to leave the place where the proceedings are being conducted and the immediate vicinity of that place, if the circumstances referred to in subsection (3) (a) to (d) occur;

(c) order the removal of a person ordered to leave if that person does not comply;

(d) require the assistance of peace officers or of persons present at the place where the proceedings are being conducted.

(3) The presiding election official may require a person to provide identification and the person must comply with that requirement if, in the opinion of the presiding election official, that person

(a) is present at a place when not permitted to be present by this Act or by a regulation or by-law under this Act,

(b) is disturbing the peace and order of the proceedings,

(c) is interfering with the conduct of the proceedings, or

(d) is contravening any provision of this Part or of a regulation or by-law under this Part.

(4) A person ordered to leave under subsection (2) (b) must leave the place and the immediate vicinity of the place at which the election proceedings are being conducted and must not return while these election proceedings are being conducted unless permitted to do so by the presiding election official.

(5) The authority under subsection (2) must not be used to prevent an elector otherwise entitled to vote at the place from exercising the right to vote.

1993-54-61; 1999-37-287.

Adjournment of election proceedings

20.   (1) Election proceedings may be adjourned by the presiding election official in accordance with this section if the presiding election official considers that the health or safety of persons is at risk, or that the integrity of the proceedings is at risk.

(2) Election proceedings may be adjourned

(a) temporarily to another time on the same day or another time on the same day at another place specified by the presiding election official, or

(b) to a day, time and place to be set by the chief election officer.

(3) The presiding election official must notify the chief election officer as soon as possible of any adjournment and must follow any directions the chief election officer considers appropriate in the circumstances.

(4) While proceedings are adjourned, the presiding election official must make all reasonable efforts to ensure that the election materials are secured and that the integrity of the election is not compromised.

(5) The presiding election official must give notice to persons affected by an adjournment as directed by the chief election officer or, in the absence of direction, in any manner the official considers appropriate.

(6) Proceedings that are recommenced after an adjournment must continue for such a period that the total time for the proceedings is the same regardless of the adjournment.

(7) If voting proceedings are adjourned, the counting of the vote must not be started until the close of voting at the adjourned proceedings.

1993-54-61.

Exceptional assistance in election proceedings

21.   (1) The provisions of this section are exceptions for allowing persons to exercise their rights under this Part in circumstances where they would otherwise be unable to do so.

(2) If a person is required by this Part to sign a document and is unable to do so, the presiding election official or an election official authorized by the presiding election official may either sign on behalf of the person or have the person make the person's mark and witness that mark.

(3) If a person is required by this Part to make a solemn declaration or to provide information to an election official and requires the assistance of a translator to do this, the presiding election official must permit another person to act as translator so long as that person first makes a solemn declaration that the person is able to make the translation and will do so to the best of the person's abilities.

(4) The obligation to provide a translator rests with the person who is required to make the solemn declaration or provide the information and, if that person does not provide a translator, that person must be considered to have refused to make the solemn declaration or provide the information.

1993-54-61; 2022-15-74,Sch 2; 2022-15-77,Sch 5.

Who may vote at an election

22.   (1) In order to vote at an election, a person

(a) must meet the requirements of section 23 (1) (a) to (e) or 24 (1) (a) to (f) at the time of voting,

(b) must not be disqualified by this Act or any other enactment from voting in the election or be otherwise disqualified by law, and

(c) must be registered as an elector of the city.

(2) The following persons are disqualified from voting at an election:

(a) a person who has not completed the sentence for an indictable offence, unless the person is released on probation or parole and is not in custody;

(b) a person who is involuntarily confined to a psychiatric or other institution as a result of being acquitted of or found not criminally responsible for an offence under the Criminal Code on account of mental disorder;

(c) [Repealed 2014-19-120.]

(d) a person who has contravened section 123 (3) in relation to the election.

(3) For clarification, no corporation is entitled to be registered as an elector or have a representative registered as an elector and no corporation is entitled to vote.

(4) A person must not vote at an election unless entitled to do so.

1993-54-61; 1994-52-135; 1997-25-162; 2000-7-191; 2014-19-120.

Resident electors

23.   (1) In order to be registered as a resident elector of the city, a person must meet all the following requirements on the day of registration:

(a) the person must be

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

(ii) if an election is in progress, an individual who will be 18 years of age or older on general voting day for the election;

(b) the person must be a Canadian citizen;

(c) the person must have been a resident of British Columbia, as determined in accordance with section 25, for at least 6 months immediately before the day of registration;

(d) the person must be a resident of the city, as determined in accordance with section 25;

(e) the person must not be disqualified under this or any other enactment from voting in an election or be otherwise disqualified by law.

(2) [Repealed 2021-5-85.]

1993-54-61; 2014-19-121; 2021-5-85.

Non-resident property electors

24.   (1) In order to be registered as a non-resident property elector of the city, a person must meet all the following requirements on the day of registration:

(a) the person must not be entitled to register as a resident elector of the city;

(b) the person must be

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

(ii) if an election is in progress, an individual who will be 18 years of age or older on general voting day for the election;

(c) the person must be a Canadian citizen;

(d) the person must have been a resident of British Columbia, as determined in accordance with section 25, for at least 6 months immediately before the day of registration;

(e) the person must have been a registered owner of real property in the city for at least 30 days immediately before the day of registration;

(e.1) [Repealed 2014-19-122.]

(f) the only persons who are registered owners of the real property, either as joint tenants or tenants in common, are individuals who are not holding the property in trust for a corporation or another trust;

(g) the person must not be disqualified under this or any other enactment from voting in an election or be otherwise disqualified by law.

(2) A person may only register as a non-resident property elector in relation to one parcel of real property in the city.

(3) If the boundaries of the city are extended, a person is deemed to have satisfied the requirement of subsection (1) (e) if, for at least 30 days before the person applies for registration as a non-resident property elector, the person has been a registered owner of property within the area that is included in the city.

(4) For the purposes of this section, the registered owner of real property means whichever of the following is applicable:

(a) the owner of a registered estate in fee simple of the property, unless another person holds an interest in the property referred to in paragraphs (b) to (d);

(b) the holder of the last registered agreement for sale, unless another person holds an interest in the property referred to in paragraph (c) or (d);

(c) the tenant for life under a registered life interest in the property, unless another person holds an interest in the property referred to in paragraph (d);

(d) the holder of a registered lease of the property for a term of at least 99 years.

(5) If there is more than one individual who is the registered owner of real property, either as joint tenants or tenants in common, only one of those individuals may register as a non-resident property elector under this section in relation to the real property.

(6) If the land title registration of the real property in relation to which a person is registering under this section indicates that there is more than one individual who is the registered owner of the real property, the person registering must do so with the written consent of the number of those individuals who, together with the person registering, are a majority of those individuals.

(7) A registered owner who has consented to the registration of another registered owner of the property may withdraw the consent by delivering a written withdrawal to the City Clerk.

(8) Once a withdrawal of consent has been delivered in accordance with subsection (7), the person registered as the non-resident property elector in relation to the property ceases to be entitled to be registered and vote as such if the number of individuals referred to in subsection (6) falls below a majority of the registered owners, with this effective

(a) for the next election, in the case of a withdrawal delivered at least 52 days before general voting day for the election, and

(b) following the next election, in the case of a withdrawal delivered less than 52 days before general voting day for the election.

1993-54-61; 1994-52-136; 2000-7-255; 2014-19-122.

Rules for determining residence

25.   (1) The following rules apply to determine the area in which a person is a resident:

(a) a person is a resident of the area where the person lives and to which, whenever absent, the person intends to return;

(b) a person may be the resident of only one area at a time for the purposes of this Part;

(c) a person does not change the area in which the person is a resident until the person has a new area in which the person is a resident;

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

(2) As an exception to subsection (1), if a person establishes for the purposes of attending an educational institution a new area in which the person is a resident that is away from the usual area in which the person is a resident, the person may choose for the purposes of this Part either the usual area or the new area as the area in which the person is a resident.

1993-54-61.

When a person may register as an elector

26.   (1) A person may register as an elector

(a) at the time of voting in accordance with section 30 or 30.1, or

(b) by advance registration in accordance with section 29, if this is available.

(2) If a by-law under section 32 is in effect, a person entitled to register as a resident elector of the city may effectively register as such by registering as a voter under the Election Act in sufficient time to have the person's name appear on the Provincial list of voters that becomes, under the by-law, the register of resident electors for the city.

1993-54-61; 1999-37-288.

Voting day registration only

27.   The Council may, by by-law, limit registration of electors to registration at the time of voting.

1999-37-289.

Application for registration

28.   (1) An application for registration as an elector must include the following information:

(a) in the case of registration as a resident elector,

(i) the full name of the applicant,

(ii) the residential address of the applicant, and the mailing address if this is different, and

(iii) either the birth date or social insurance number of the applicant;

(b) in the case of registration as a non-resident property elector,

(i) the full name of the applicant,

(ii) the address or legal description of the real property in relation to which the person is registering and the mailing address of the applicant, and

(iii) either the birth date or the social insurance number of the applicant;

(c) a declaration that the applicant meets the requirements of section 22 (1) (a) and (b) to be registered as an elector;

(d) any other information required by regulation under section 128 to be included.

(2) An application must be signed by the applicant and by a witness to the signature of the applicant and must include the residential address of the witness if this is not a person authorized by the chief election officer or by the City Clerk.

(3) For the purpose of subsection (1), an address of an applicant that indicates the area in which the applicant is resident within the meaning of section 25 is sufficient if, in the opinion of the person authorized to receive the application, it indicates the location for the purpose of determining whether the applicant is resident in the city.

(4) In the case of an application for registration as a non-resident property elector, the application must be accompanied by

(a) proof satisfactory to the person receiving the application that the applicant is entitled to register in relation to the real property referred to in subsection (1) (b), and

(b) if applicable, the written consent from the other registered owners of the real property required by section 24 (6).

1993-54-61; 1994-52-137.

How to register in advance

29.   (1) If advance registration is available except during the closed period under subsection (4), a person may register as an elector by delivering an application and accompanying documents in accordance with section 28

(a) to the office of the City Clerk at the City Hall during its regular office hours,

(b) at a special registration opportunity under subsection (6), or

(c) at other times and places authorized by the City Clerk.

(2) If no by-law under section 27 applies, advance registration must be available in accordance with this section.

(3) If advance registration is required, it must be available to both resident electors and non-resident property electors unless deemed registration of resident electors under section 32 is in effect.

(4) Advance registration closes 53 days before general voting day and does not reopen until the Monday after the close of general voting, subject to any extension of this closed period in relation to an election under section 114.

(5) At least 6 but not more than 30 days before the start of the closed period under subsection (4), the City Clerk must give public notice of the close of advance registration in accordance with section 17.

(6) For the purpose of encouraging persons to register as electors,

(a) the Council may direct the City Clerk to arrange an enumeration of the city, and

(b) the City Clerk may arrange other special opportunities for persons to apply to register as electors.

(7) The City Clerk must ensure that application forms are available from the City Hall during its regular office hours at any time when advance registration as an elector is permitted.

1993-54-61; 1994-52-138.

How to register as a resident elector at the time of voting

30.   (1) A person may register as a resident elector immediately before voting by

(a) either

(i) delivering an application form in accordance with section 28 to the election official responsible at the place where the person is voting, or

(ii) providing to that official the information required under that section in the manner established by the chief election officer, and

(b) satisfying that official of the applicant's identity and place of residence in accordance with subsection (2).

(2) For the purposes of subsection (1) (b), an individual may either

(a) produce to the election official at least 2 documents that provide evidence of the applicant's identity and place of residence, at least one of which must contain the applicant's signature, or

(b) produce to the election official at least 2 documents that provide evidence of the applicant's identity, at least one of which must contain the applicant's signature, and make a solemn declaration as to the applicant's place of residence within the meaning of section 25.

(3) Documents accepted under subsection (2) must either be documents prescribed as acceptable under section 128 or provide evidence satisfactory to the election official respecting the matter.

(4) The election official registering an elector under this section must note on the application the nature of the documents produced for the purposes of subsection (1) (b).

(5) The election official responsible for receiving application forms under subsection (1) is the presiding election official or another election official designated by the presiding election official.

1999-37-290.

How to register as a non-resident property elector at the time of voting

30.1   (1) A person may register as a non-resident property elector immediately before voting by

(a) either

(i) delivering an application form in accordance with section 28 to the election official responsible at the place where the person is voting, or

(ii) providing to that official the information required under that section in the manner established by the chief election officer,

(b) satisfying that official of the applicant's identity in accordance with subsection (2), and

(c) providing to that official the materials described in section 28 (4).

(2) For the purposes of subsection (1) (b), an individual must produce to the election official at least 2 documents that provide evidence of the applicant's identity, at least one of which must contain the applicant's signature.

(3) Section 30 (3) to (5) applies for the purposes of this section.

1999-37-290; 2008-5-39.

Repealed

31.   [Repealed 2008-5-40.]

Automatic registration by inclusion on Provincial list of voters

32.   (1) Instead of maintaining an ongoing register of resident electors, the Council may, by by-law, provide that the most current available Provincial list of voters prepared under the Election Act is to be the register of resident electors of the city.

(2) A by-law under subsection (1) must require that the Provincial list of voters becomes the register of resident electors no later than 52 days before any election to which the by-law applies.

(3) If a by-law under subsection (1) applies,

(a) any previous register of resident electors for the city is cancelled, effective at the time the Provincial list of voters becomes the register,

(b) a person who, on the basis of the Provincial list of voters, appears to meet the qualifications to be registered as a resident elector of the city is deemed to be registered as such an elector, and

(c) the city may have, but is not required to have, advance registration under section 29 for resident electors.

1993-54-61.

Effect of registration

33.   (1) Unless a by-law under section 27 applies or all or the applicable part of the register of electors is cancelled, a person registered as an elector continues to be an elector as long as the person meets the requirements for registration.

(2) If a by-law under section 27 applies, registration as an elector is effective only for the elections for which the voting is being conducted at that time.

1993-54-61.

Register of electors

34.   (1) Subject to section 32, a register of electors must be maintained if advance registration is available.

(2) The City Clerk is the official responsible for maintaining the register of electors.

(3) The register of electors must separately record resident electors and non-resident property electors and, for each elector, must record the name of the elector and the address or addresses of the elector required to be included on an application under section 28.

(4) For the purposes of maintaining the register of electors, the City Clerk

(a) must add to the register persons who have registered in accordance with section 29, 30 or 30.1,

(b) may add to the register persons who meet the requirements of section 23 (1) to be registered as resident electors, as evidenced by a current Provincial list of voters under the Election Act,

(c) may add to the register persons who meet the requirements of section 23 (1) to be registered as resident electors, as evidenced by registration under section 133,

(d) despite section 33 (2), for a new register established after a by-law under section 27 ceases to be in force, may add to the register

(i) persons whose names were included in the previous register, and

(ii) persons who registered for elections conducted while the by-law was in force,

(e) if all or part of a register is cancelled under subsection (7) or section 32, may add to the new register persons whose names were included in the cancelled register,

(f) on evidence satisfactory to the City Clerk, may delete from the register the names of persons who have died or who are no longer qualified as electors, and

(g) on evidence satisfactory to the City Clerk, may amend the register to show correctly the information to be included in the register.

(5) A person whose name is added to the register under subsection (4) (b), (c), (d) or (e) is deemed to have registered as an elector, as recorded in the register, and section 33 (1) applies to the registration.

(6) The City Clerk may authorize a person to assist in the duties under this section and may authorize the person to exercise the City Clerk's powers under this section.

(7) The Council or the minister may order the cancellation of an existing register of electors, or a portion of it, and direct the preparation of a new register.

(8) For the purposes of subsection (3), the register of electors may contain only the residential address of each resident elector as required to be included on an application under section 28.

1993-54-61; 1994-52-141; 1999-37-292; B.C. Reg. 5/2010.

List of registered electors

35.   (1) If a register of electors is required under section 34, the City Clerk must prepare a list of registered electors to be used for the purposes of administering an election.

(2) The list of registered electors must give the names and addresses of all persons included on the register of electors at the time the list is prepared and must indicate whether a person is a resident elector or a non-resident property elector.

(3) From the forty-sixth day before general voting day until the close of general voting, a copy of the list of registered electors as it stands at the beginning of that period must be available for public inspection at the City Hall during its regular office hours.

(4) Before inspecting the list of registered electors, a person other than a city officer or employee acting in the course of duties must sign a statement that the person will not inspect the list or use the information included in the list except for the purposes of this Part.

(5) The City Clerk must ensure that the statements referred to in subsection (4) are kept until after general voting day for the next general local election.

(6) At least 6 but not more than 30 days before the first day on which the list of registered electors is required to be available under subsection (3), notice must be given in accordance with section 17 that

(a) a copy of the list of registered electors will be available for public inspection at the City Hall during its regular office hours from the date specified in the notice until the close of general voting for the election,

(b) an elector may request that personal information respecting the elector be omitted from or obscured on the list in accordance with subsection (10), and

(c) an objection to the registration of a person as an elector may be made in accordance with section 36 before 4 p.m. on the thirty-sixth day before general voting day.

(7) The list of registered electors must be updated to reflect the changes to the register of electors made after any objections under section 36 have been dealt with.

(8) Each person who has been nominated in accordance with section 45 is entitled, for use by the person for the purposes of the election, to one copy of the list of registered electors without charge and, on payment to the city of the reasonable costs of reproduction, to other copies as requested by the person.

(9) Before receiving a list of registered electors, a person referred to in subsection (8) must sign a statement that the person will not inspect the document or use the information in it except for the purposes of this Part.

(9.1) Despite section 27 (7) of the Interpretation Act, a person who is entitled to inspect a copy of the list of registered electors under subsection (3) is not entitled to obtain a copy of the list.

(10) If requested by an elector in order to protect the privacy or security of the elector, the chief election officer must amend a list of registered electors that is to be provided under subsection (8), or that is to be available for public inspection, by omitting or obscuring the address of the elector or other information about the elector.

(11) [Repealed 1999-37-293.]

1993-54-61; 1994-52-142; 1999-37-293; 2008-5-41; 2021-30-56,Sch 2.

Objection to registration of an elector

36.   (1) The registration of a person whose name appears on the list of registered electors under section 35 (3) may be objected to in accordance with this section.

(2) An objection must be received by the City Clerk, or a person designated for this purpose by the City Clerk, before 4 p.m. on the thirty-sixth day before general voting day.

(3) An objection may only be made by a person entitled to be registered as an elector.

(4) An objection may only be made on the basis

(a) that the person whose name appears has died, or

(b) that, at the time of the objection, the person is not qualified to be registered as an elector.

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

(a) the name and address, as shown in the list of registered electors, of the person against whose registration the objection is made;

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

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

(6) On receiving an objection, the City Clerk must make a reasonable effort to notify the person against whom the objection is made of

(a) the objection,

(b) the name of the person who made the objection, and

(c) the basis on which the objection is made.

1993-54-61; 2021-30-56,Sch 2.

Resolving objections

37.   (1) An objection under section 36 on the basis of death must be resolved by the City Clerk in accordance with the following:

(a) the City Clerk must have a search made of the records under the Vital Statistics Act;

(b) if a record of death is found and the City Clerk is satisfied that it applies to the person whose registration is being objected to, the City Clerk must remove the person's name from the register of electors;

(c) if a record of death is not found and the City Clerk is unable to contact the person, the City Clerk must proceed in accordance with subsection (2) (c) and (d).

(2) An objection on the basis that a person is not entitled to be registered as an elector must be resolved by the City Clerk in accordance with the following:

(a) if, after receiving notice of the objection, the person provides proof satisfactory to the City Clerk of the person's entitlement to be registered or makes a solemn declaration as to that entitlement, the person's name is to stay on the register of electors;

(b) if, after receiving notice of the objection, the person does not provide proof of entitlement or make a solemn declaration as to entitlement, the City Clerk must remove the person's name from the register of electors;

(c) if the City Clerk is unable to contact the person, the City Clerk must require the person who made the objection to provide proof satisfactory to the City Clerk of the basis of the objection and, if this is done, must remove the name from the register of electors;

(d) if the person who made the objection does not provide satisfactory proof as required by paragraph (c), the name is to stay on the register of electors.

1993-54-61.

Who may hold office on Council or Park Board

38.   (1) A person is qualified to be nominated for office, and to be elected to and hold office, on Council or on the Park Board if at the relevant time the person meets all the following requirements:

(a) the person must be an individual who is, or who will be on general voting day for the election, 18 years of age or older;

(b) the person must be a Canadian citizen;

(c) the person must have been a resident of British Columbia, as determined in accordance with section 25, for at least 6 months immediately before the relevant time;

(d) the person must not be disqualified under this Act or any other enactment from being nominated for, being elected to or holding the office, or be otherwise disqualified by law.

(2) Without limiting subsection (1) (d), the following persons are disqualified from being nominated for, being elected to or holding office on Council or on the Park Board:

(a) a person who is a judge of the Court of Appeal, Supreme Court or Provincial Court;

(b) a person who is disqualified under section 39 as an employee of the city, except as authorized under that section;

(b.1) a person who is disqualified under section 39.1;

(c) a person who is disqualified under any of the following provisions of this Act:

(i) section 140 (4) [failure to make oath or affirmation of office];

(ii) section 143 (4) [unexcused absence from council meetings];

(iii) sections 145.3 to 145.911 [conflict of interest];

(d) a person who is disqualified from holding office on a local government under any of the provisions of the Local Government Act or Community Charter referred to in section 81 (2) (c) to (e) [disqualifications from holding office] of the Local Government Act;

(d.1) [Repealed 2014-19-123.]

(e) a person who is disqualified from holding office under

(i) Division (17) [Election Offences] of this Part as it applies to elections or voting under this Act or any other Act, or

(ii) Division 18 of Part 3 of the Local Government Act, as it applies in relation to elections or voting under that Act or any other Act;

(f) a person who is disqualified under the Local Elections Campaign Financing Act from holding office on a local authority;

(g) a person who is disqualified under any other enactment.

1993-54-61; 1997-25-163; 1999-37-294; 2000-7-191; 2003-52-500; 2014-19-123; RS2015-1-RevSch; 2022-15-34.

Disqualification of Council and regional district employees

39.   (1) For the purposes of this section, "employee" means

(a) an employee or salaried officer of the city or a regional district in which all or part of the city is located, or

(b) a person who is within a class of persons deemed by regulation under section 128 to be employees of the city or a specified regional district in which all or part of the city is located,

but does not include a person who is within a class of persons excepted by regulation under section 128.

(2) Unless the requirements of this section are met, an employee of the city is disqualified from being nominated for, being elected to or holding office

(a) as a member of Council, or

(b) as a member of the board of a regional district in which all or part of the city is located.

(3) Unless the requirements of this section are met, an employee of a regional district in which all or part of the city is located is disqualified from being nominated for, being elected to or holding office as a member of the Council.

(4) Before being nominated for an office to which subsection (2) or (3) applies, the employee must give to the employee's employer written notice of the employee's intention to consent to nomination.

(5) Once notice is given under subsection (4), the employee is entitled to and must take a leave of absence from the employee's position with the employer for a period that, at a minimum,

(a) begins on the first day of the nomination period or the date on which the notice is given, whichever is later, and

(b) ends, as applicable,

(i) if the person is not nominated before the end of the nomination period, on the day after the end of that period,

(ii) if the person withdraws as a candidate in the election, on the day after the withdrawal,

(iii) if the person is declared elected, on the day the person resigns in accordance with subsection (8) or on the last day for taking office before the person is disqualified for a failure to take the oath of office within the time specified by an enactment that applies to the person,

(iv) if the person is not declared elected and no application for judicial recount is made, on the last day on which an application for a judicial recount may be made, or

(v) if the person is not declared elected and an application for judicial recount is made, on the date when the results of the election are determined by or following the judicial recount.

(6) If agreed by the employer, as a matter of employment contract or otherwise, the leave of absence under this section may be for a period longer than the minimum required by subsection (5).

(7) Sections 54 and 56 of the Employment Standards Act apply to a leave of absence under this section.

(8) Before making the oath of office under section 140, an employee on a leave of absence under this section who has been elected must resign from the person's position with the employer.

(9) At the option of the employee, a resignation under subsection (8) may be conditional on the person's election not being declared invalid on an application under section 115.

1993-54-61; 1995-38-139; 2003-52-501; 2022-15-35.

Disqualification — indictable offence

39.1   (1) A person who is convicted of an indictable offence is disqualified from being nominated for, being elected to or holding office on the Council or Park Board from the date of the conviction until the date on which the person is sentenced.

(2) If a person elected or appointed to Council or the Park Board is convicted of an indictable offence, the person's office becomes vacant on the date of the conviction.

(3) For certainty, a person whose office becomes vacant under subsection (2) and whose conviction is overturned on appeal is not entitled, if the term of office for which the person was elected has not ended, to take office for the unexpired part of the term.

2022-15-36.

Only one elected office at a time on Council

40.   (1) At any one time a person may not hold more than one elected office on Council.

(2) At any one time a person may not be nominated for more than one elected office on Council.

(3) A current member of Council may not be nominated for an election under section 10 for another office on Council unless the person resigns from office in accordance with section 142 within 14 days after the day on which, as applicable, the Council directs the City Clerk to conduct the election or another person is appointed as chief election officer.

1993-54-61.

Nomination period

41.   (1) The period for receiving nominations begins at 9 a.m. on the forty-sixth day before general voting day and ends at 4 p.m. on the thirty-sixth day before general voting day.

(2) If the first day of the nomination period would otherwise fall on a holiday, the nomination period begins on the next day that is not a holiday.

(3) If the last day of the nomination period would otherwise fall on a holiday, the nomination period ends on the last day before that day that is not a holiday.

1993-54-61; 2021-30-56,Sch 2.

Notice of nomination

42.   (1) At least 6 but not more than 30 days before the nomination period begins, the chief election officer must issue a notice of nomination under this section in accordance with section 17.

(2) The notice must include the following information:

(a) the offices for which candidates are to be elected;

(b) the dates, times and places at which nominations will be received;

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

(c.1) the expense limits,

(i) made publicly available under section 63.03 of the Local Elections Campaign Financing Act, that apply to the election area, or

(ii) if the election is a by-election, that apply to the election area under section 63.04 of the Local Elections Campaign Financing Act;

(c.2) the third party advertising limits,

(i) made publicly available under section 41.3 (2) of the Local Elections Campaign Financing Act, that apply to the election area, or

(ii) if the election is a by-election, that apply to the election area under section 41.4 of the Local Elections Campaign Financing Act;

(d) any other information required to be included by regulation under section 128.

(3) The notice may include any other information the chief election officer considers appropriate.

(4) The chief election officer may provide for additional notice of the call for nominations to be given to the public.

1993-54-61; 2016-9-49.

Nomination of candidates

43.   (1) A nomination for office as a member of Council must be made in accordance with section 44, separately for each candidate,

(a) by at least 2 qualified nominators, or

(b) if a by-law under subsection (2) applies, by at least 25 qualified nominators.

(2) The Council may, by by-law, set the minimum number of qualified nominators at 25.

(3) In order to be qualified as a nominator, a person

(a) must be an elector of the city, and

(b) in the case of a nomination for an office to be filled on a neighbourhood constituency basis, must also be qualified as a resident elector or a non-resident property elector in relation to the area of the neighbourhood constituency.

(4) A person may subscribe as a nominator to as many nomination documents as, but not more than, the number of persons who are to be elected to fill the office for which the election is being held.

(5) 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.

2008-5-42.

Nomination documents

44.   (1) A nomination for office as a member of Council must be in written form and must include the following:

(a) the full name of the person nominated;

(b) the usual name of the person nominated, if the full name of the person is different from the name the person usually uses and the person wishes to have the person's usual name on the ballot instead;

(c) the office for which the person is nominated;

(d) the residential address of the person nominated, and the mailing address if this is different;

(e) the names and residential addresses of the nominators and, if a nominator is a non-resident property elector, the address of the property in relation to which the nominator is such an elector;

(f) a statement signed by the nominators that, to the best of their knowledge, the person nominated is qualified under section 38 [who may hold office on Council or Park Board] to be nominated;

(g) if applicable, the name of the elector organization that proposes to endorse the person nominated.

(2) To be accepted for filing, a nomination must be accompanied by the following:

(a) a statement signed by the person nominated consenting to the nomination;

(b) a solemn declaration in accordance with subsection (3) of the person nominated, either made in advance or taken by the chief election officer at the time the nomination documents are delivered;

(c) as applicable, a signed declaration of the person nominated

(i) that the person is acting as the person's own financial agent, or

(ii) identifying the person who is appointed under the Local Elections Campaign Financing Act to act as financial agent for the person nominated;

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

(3) For the purposes of subsection (2) (b), the person nominated must make a solemn declaration

(a) that the person is qualified under section 38 [who may hold office on Council or Park Board] to be nominated for the office,

(b) that, to the best of the person's knowledge and belief, the information provided in the nomination documents is true,

(c) that the person fully intends to accept the office if elected, and

(d) that the person

(i) is aware of the Local Elections Campaign Financing Act,

(ii) understands the requirements and restrictions that apply to the person under that Act, and

(iii) intends to fully comply with those requirements and restrictions.

(4) Persons must not consent to be nominated knowing that they are not qualified to be nominated.

2014-19-125; 2021-5-86; 2022-15-37; 2022-15-74,Sch 2; 2022-15-77,Sch 5.

Nomination deposits

44.1   (1) The Council may, by by-law, require that a nomination for mayor or councillor, or both, be accompanied by a nomination deposit.

(2) The amount of a required nomination deposit may be different for the office of mayor and the office of councillor, but must not be greater than $100.

(3) A nomination deposit must be held by the chief election officer to be dealt with as follows:

(a) if the person nominated is not declared to be a candidate under section 46 [declaration of candidates], the deposit is to be returned to the person or to the financial agent for the person;

(b) in the case of a person declared to be a candidate, if the candidate disclosure statement required under the Local Elections Campaign Financing Act for the person is filed in accordance with section 47 (1) [time limit for filing on time] of that Act, the deposit is to be returned to the person or the financial agent for the person;

(c) in the case of a person declared to be a candidate, the deposit is to be returned to the person or the financial agent for the person if the required candidate disclosure statement is not filed as referred to in paragraph (b), but

(i) an application for relief in relation to the disclosure statement is made under Division 2 [Court Orders for Relief in Relation to Disclosure Requirements] of Part 6 of the Local Elections Campaign Financing Act,

(ii) the court provides relief in relation to forfeiture of the deposit, and

(iii) if applicable, there is compliance with the court order;

(d) in other cases, the deposit is forfeited and is to be paid to the city.

1999-37-296; 2014-19-126.

Nomination by delivery of nomination documents

45.   (1) In order to make a nomination,

(a) the nomination documents required by section 44, and

(b) if applicable, the nomination deposit required under section 44.1,

must be received before the end of the nomination period by the chief election officer or a person designated by the chief election officer for this purpose.

(2) The obligation to ensure that the nomination documents and nomination deposit are received in accordance with this section rests with the person being nominated.

(3) For the purposes of subsection (1), the nomination documents and nomination deposit

(a) must be received at the office of the City Clerk during its regular office hours, and

(b) may be received at other times and places as specified by the chief election officer.

(4) Nomination documents may be delivered

(a) by hand, by mail or by other delivery service, or

(b) by fax or email, with originals to follow.

(5) If the originals of nomination documents delivered by fax or email are not received by the chief election officer before the end of the twenty-ninth day before general voting day, the person nominated is deemed to have withdrawn from being a candidate in the election.

(5.1) After receiving nomination documents, the chief election officer must review the list under section 60 [Elections BC to maintain disqualification lists] of the Local Elections Campaign Financing Act to determine whether an application must be made under section 45.2 (5) [challenge required if candidate appears to be disqualified] of this Act.

(6) Nomination documents delivered to the chief election officer

(a) must be available for public inspection at the City Hall during its regular office hours from the time of delivery until 30 days after the declaration of the election results under section 108, and

(b) if a by-law under subsection (7) applies, must be made available to the public in accordance with the by-law.

(7) The Council may, by by-law, provide for public access to nomination documents, during all or part of the period referred to in subsection (6) (a), in any manner the Council considers appropriate, including by the internet or other electronic means.

(8) A person who inspects or otherwise accesses nomination documents under this section must not use the information included in them except for the purposes of this Act or purposes authorized by section 63 [restrictions on use of personal information] of the Local Elections Campaign Financing Act.

1993-54-61; 1999-37-297; 2000-7-191; 2008-5-44; 2014-19-127; 2021-30-52; 2021-30-56,Sch 2.

Other information to be provided by candidate

45.1   (1) A person who is nominated for office on Council must, before the end of the nomination period, provide the following to the chief election officer:

(a) a telephone number at which the person may be contacted;

(b) an email address at which the person may be contacted, unless the person does not have such an address;

(c) an address for service at which notices and other communications under this Act or other local elections legislation will be accepted as served on or otherwise delivered to the person;

(d) as applicable,

(i) a statement that the person is acting as their own financial agent, or

(ii) the information and material required under section 17 (5) [candidate financial agent appointment documents] of the Local Elections Campaign Financing Act;

(e) any other information or material required by regulation under section 128 [election regulations].

(2) If the information and material required under subsection (1) are not received by the chief election officer before the end of the nomination period, the person nominated is deemed to have withdrawn from being a candidate in the election.

(3) If there is any change in the information or related material required to be provided under subsection (1), the person nominated must provide updated information and material as follows:

(a) to the chief election officer if the change occurs before the declaration of the results of the election;

(b) to the BC chief electoral officer if the change occurs after the declaration of those results.

2014-19-128.

Challenge of nomination

45.2   (1) A nomination may only be challenged by an application to the Provincial Court in accordance with this section.

(2) The time period during which a challenge may be made is between the time of the delivery of the nomination documents in accordance with section 45 and 4 p.m. on the fourth day after the end of the nomination period.

(3) A challenge may be made only by

(a) a person who is an elector,

(b) another nominee in the same election, or

(c) the chief election officer.

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

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

(b) that the nomination was not made in accordance with sections 43 to 45;

(c) that the usual name given under section 44 (1) (b) in the nomination documents is not in fact the usual name of the person.

(5) The chief election officer must commence a challenge under this section if, on a review under section 45 (5.1) [review of disqualification list], it appears to the chief election officer that a person is disqualified from being nominated.

(6) The document filed with the court to commence a challenge must briefly set out the facts on which the challenge is based and must be supported by affidavit as to those facts.

(7) At the time a challenge is commenced, a time must be set for the hearing that is adequate to allow the court to give its decision on the matter within the time limit set by subsection (9).

(8) The person making a challenge must

(a) immediately give notice of the challenge to the chief election officer and the person whose nomination is challenged, and

(b) within 24 hours of filing the document commencing the application, serve on these persons that document, the accompanying affidavit and a notice of the time set for the hearing.

(9) Within 72 hours of the end of the period for commencing a challenge, the court must hear and determine the matter and must issue an order, as applicable,

(a) confirming the person as a candidate or declaring that the person is no longer a candidate, or

(b) declaring that the person is or is not entitled to have the usual name indicated in the nomination documents used on the ballot.