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Victoria, British Columbia, Canada
B.C. Reg. 2/2022, deposited January 10, 2022, under the LOCAL GOVERNMENT ACT [section 167.1]. Ministerial Order M4/2022, dated January 10, 2022.
I, Josie Osborne, Minister of Municipal Affairs, order that the attached By-Election Exemption (Local Emergency) Regulation is made.
— J. OSBORNE, Minister of Municipal Affairs.
BY-ELECTION EXEMPTION (LOCAL EMERGENCY) REGULATION
1 In this regulation:
"Act" means the Local Government Act;
"declaration of a state of local emergency" has the same meaning as in section 1 of the Emergency Program Act.
Exception to and modification to by-election requirement
2 As an exception to section 54 (1) [by-elections] of the Act, a municipality may decide that a by-election is not to be held to fill a vacancy if all of the following circumstances apply:
(a) the municipality has made a declaration of a state of local emergency and the declaration is in effect when a decision not to hold a by-election is made;
(b) the vacancy occurred before January 1, 2022;
(c) the number of remaining council members constitutes the quorum for the council of the municipality, as set under section 129 (1) [quorum for conducting business] of the Community Charter.
3 This regulation is repealed on February 28, 2022.
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