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

section 23 [transfer of Provincial tax money];

section 92.3 [disqualification list];

section 246 [joint exercise of powers with other municipalities];

sections 536 to 538 [boundary and transecting highways];

Division 3 of Part 20 [Licensing of Commercial Vehicles];

Division 2 of Part 22 [Protection of Trees];

section 726 (3) [fire and security alarm systems];

section 744 [improvement district property exempt from taxation];

Part 24 [Regional Districts];

Part 25 [Regional Growth Strategies];

section 931 (6) [fees and charges related to applications and inspections].

(2)  Section 193.1 [text not in force] of the Community Charter apply to the city.

(3)  The Municipalities Enabling and Validating Act, R.S.B.C. 1960, c. 261, and the Municipalities Enabling and Validating Act (No. 2), S.B.C. 1990, c. 61, apply to the city.

 Provision for publication in newspaper

3.  (1)  Whenever in this Act, or in any by-law passed pursuant to this Act, it is provided that any notice or other document is to be published in a stated number of issues of a newspaper, the required publication need not appear in issues of the same newspaper but may appear in two or more newspapers so long as it is published in the stated number of issues.

(2)  Whenever in this Act or in any by-law passed pursuant to this Act it is provided that any notice or other document is required to be published in a newspaper or any notice is required to be given by mail and if, in the opinion of Council, conditions prevailing at the time make it impossible to comply with such requirements of any of them, Council shall have power to determine an alternative procedure, and any notice given in accordance with that procedure shall for all purposes be an effective and valid notice.

1953-55-3; 1972-67-2.

Requirements for public notice

3   (1) If this section applies, the applicable notice must be published in accordance with this section.

(2) Subject to subsection (4), publication

(a) must be 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 otherwise provided, must be once each week for 2 consecutive weeks.

(3) The obligation under subsection (2) 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.

(4) If publication under subsection (2) is not practicable, the notice may be given in the areas by alternative means as long as the notice

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

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

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

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

(6) If the same 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.

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

2010-6-126.

Procedure if no deputy

5.   In the absence from his duties of any employee for whom no deputy has been appointed, or if such employee dies or otherwise ceases to hold office, the Mayor may in writing appoint some person to act in his stead pending action by the Council.

1953-55-5.

Time not extended for voting days

8.   Section 25 (3) of the Interpretation Act, extending a time period if the time for doing an act falls on a day when a business office is not open during regular business hours, does not apply to a voting day.

1993-54-61.

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 4th year after that.

(2) General voting day for a general local election must be the 3rd Saturday of October in the year of the election.

1993-54-61; 2014-19-115; 2014-19-185.

Chief election officer duties and powers

15.   (1) In addition to all other duties established by this Part, 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 and any regulations and by-laws under this Part.

(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) take solemn declarations where these are required by this Part;

(c) 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 rather than at the voting place for the voting division in which the election official is entitled to vote;

(d) delegate the chief election officer's duties and powers to other election officials, subject to any restrictions or conditions specified by the chief election officer;

(e) apply to the minister for an order under section 127.

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

Public notices

17.   (1) If this Part requires notice to be given in accordance with this section, the notice must be given within the applicable time period by publication in a newspaper or other local periodical or publication that contains items of news and advertising and is distributed at least weekly in the area that is affected by the matter.

(2) If publication under subsection (1) is not practicable, the notice must be given to the public by alternative means within the same time period.

(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.

 Non-resident property elector certificate

31.  (1)  In order to obtain a certificate required to register under section 30.1, a person may apply as follows:

(a) during voting hours when voting proceedings are being conducted for advance voting or general voting, at the place and to the official designated by the chief election officer;

(b) at any time during regular office hours for City Hall, by applying at the City Hall to the City Clerk;

(c) if the chief election officer makes additional provision for the purposes of this subsection, by applying at a place and to an official designated by the chief election officer.

(2)  [Repealed 1999-37-291.]

(3)  The City Clerk or other authorized official must issue a certificate if the applicant provides

(a) proof satisfactory to the official that the person applying will be entitled to register in relation to that real property at the time the person votes, and

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

(4)  A certificate under this section must

(a) state the name of the person entitled to register as a non-resident property elector under the certificate,

(b) identify the real property in relation to which the person is entitled to register, and

(c) be signed by the issuing official.

(5)  The City Clerk must maintain a record of all certificates issued under this section.

1993-54-61; 1994-52-140; 1999-37-291.

Who may hold elected office

38.   (1) A person is qualified to be nominated for office, and to be elected to and hold office, as a member of Council 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, age 18 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 by this Act or any other enactment from voting in an election in British Columbia or 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 as a member of Council:

(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;

(c) a person who is prohibited from holding elected office

(i) under Division (17) as it applies to elections or voting on any other matter under this or any other Act, or

(ii) under Division 17 of Part 3 of the Local Government Act as it applies to elections or voting on any other matter under that or any other Act;

(d) a person who is disqualified under section 64, 64.3 or 141;

(d.1) a person who is disqualified under Division 7 [Disqualification] of Part 4 of the Community Charter;

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

1993-54-61; 1997-25-163; 1999-37-294; 2000-7-191; 2003-52-500.

 Who may make nominations

43.  (1)  A nomination for office as a member of Council must be made in writing in accordance with section 44 by 2 persons who are electors of the city.

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

(3)  Each person nominated must be nominated by separate nomination documents, but a person entitled to make a nomination may subscribe to as many nomination documents as there are persons to be elected to fill the office for which the election is being held.

1993-54-61; 1994-52-143.

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 his or her usual name on the ballot instead;

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

(d) if applicable, a statement that the person nominated is endorsed by an elector organization in accordance with section 51 and wishes to have the endorsement of this elector organization included on the ballot;

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

(f) 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;

(g) a statement signed by the nominators that, to the best of their knowledge, the person nominated is qualified under section 38 to be nominated.

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

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

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

(i) that he or she is qualified under section 38 to be nominated for the office,

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

(iii) that the person fully intends to accept the office if elected;

(c) if the nomination requests under subsection (1) (d) that endorsement by an elector organization be shown on the ballot,

(i) the solemn declaration under section 51, and

(ii) the written consent of the person nominated to the endorsement;

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

(3) A person must not consent to be nominated knowing that he or she is not qualified to be nominated.

(4) The chief election officer may require a person nominated to provide a telephone number at which the person may be contacted.

1993-54-61; 1994-52-144; 1999-37-295; 2008-5-43.

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 his or her 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 his or her 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 he or she 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) A person must not consent to be nominated knowing that he or she is not qualified to be nominated.

2014-19-125; 2021-5-86.

Endorsement documents

45.4   (1) An organization must file the following with the chief election officer before the end of the nomination period in order to endorse a candidate:

(a) a statement of the following:

(i) the full name of the candidate endorsed by the organization and, if applicable, the usual name that is to be used on the ballot;

(ii) the legal name of the organization, if applicable;

(iii) the usual name of the organization, if this is different from its legal name or if it has no legal name;

(iv) any abbreviations, acronyms or other names used by the organization;

(v) subject to the restrictions in subsection (3), which name, abbreviation or acronym the organization wishes to have included on the ballot;

(vi) the mailing address for the organization;

(b) written consent of the candidate to the endorsement;

(c) a solemn declaration of the authorized principal official of the organization in accordance with subsection (2) and any applicable regulations;

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

(2) For the purposes of subsection (1) (c), the authorized principal official of the organization must make a solemn declaration that, to the best of the knowledge and belief of the official, the organization

(a) has a membership of at least 50 electors,

(b) is not disqualified from endorsing a candidate,

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

(d) understands the requirements and restrictions that apply to the organization under the Local Elections Campaign Financing Act,

(e) intends to fully comply with the requirements and restrictions referred to in paragraph (d), and

(f) has authorized the official to make the solemn declaration.

(3) The name, abbreviation or acronym referred to in subsection (1) (a) (v) must not

(a) include any matter that is prohibited by section 77 [what must and must not be included on a ballot] from being included on the ballot, or

(b) be, in the opinion of the chief election officer, so similar to the name, abbreviation or acronym of another organization whose endorsement of a candidate appeared on a ballot at the preceding general local election, or at an election after that general local election, as to be confusing to the electors.

(4) If an organization is filing endorsement documents

(a) for more than one candidate in the same election, or

(b) in multiple elections for the city being held at the same time,

a solemn declaration under subsection (1) (c) may be made in relation to any or all of those candidates.

(5) After receiving endorsement 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 45.7 (5) [challenge required if organization appears to be disqualified] of this Act.

(6) Section 45 (6) to (8) [public access to nomination documents] applies in relation to endorsement documents.

2014-19-129.

Other information to be provided by elector organization

45.5   (1) For endorsement documents to be accepted for filing, the organization must provide the following to the chief election officer before the end of the nomination period:

(a) a telephone number at which the organization can be contacted;

(b) an email address at which the organization can be contacted, unless the organization 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 organization;

(d) the information required under section 19 (4) [elector organization information respecting financial agent] of the Local Elections Campaign Financing Act;

(e) the information and material required under section 21 [responsible principal officials and authorized principal official of elector organization] of the Local Elections Campaign Financing Act;

(f) any other information or material required to be included by regulation under section 128 [election regulations] of this Act.

(2) If there is any change in the information or material required to be provided under subsection (1), an elector organization must provide updated information or material as follows:

(a) to the chief election officer if the change happens before the end of general voting day for the applicable election;

(b) to the BC chief election officer if the change happens after that general voting day.

2014-19-129.

45.6   An elector organization endorsement must not appear on a ballot if, before 4 p.m. on the 29th day before general voting day,

Challenge of elector organization endorsement

45.7   (1) The endorsement of a candidate under this Division 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 filing of the endorsement documents in accordance with section 45.4 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) a person nominated as a candidate in the same election as the election in relation to which the endorsement documents were filed or in another election for the city being held at the same time, or

(c) the chief election officer.

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

(a) that the organization is not qualified to be an elector organization under section 45.3 [candidate endorsement by elector organization];

(b) that the endorsement was not made in accordance with section 45.4 [endorsement documents];

(c) that section 45.3 (3) or (4) [limits on candidates to be endorsed and limits on consenting to endorsement] was contravened.

(5) The chief election officer must commence a challenge under this section if, on a review under section 45.4 (5) [review of disqualification list], it appears to the chief election officer that the organization named in the endorsement documents is not qualified to endorse a candidate.

(6) Section 45.2 (6), (7), (10) and (11) [challenge of nomination] applies in relation to a challenge under this section.

(7) The person making a challenge must

(a) immediately give notice of the challenge to the chief election officer, the organization whose endorsement is being challenged and the candidates endorsed by that organization, and

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

(8) 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) declaring that the organization has not endorsed a candidate, or

(b) declaring that the organization named in the endorsement documents is or is not qualified to endorse a candidate.

2014-19-129.

Challenge of nomination

47.   (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 4th day after the end of the nomination period.

(3) A challenge may be made only by a person who is an elector, by another nominee or by 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;

(d) that the person is not in fact endorsed by the elector organization named in the nomination documents;

(e) that the named organization is not an elector organization within the meaning of section 51 [endorsement of candidate];

(f) that the named organization is disqualified from endorsing a candidate under

(i) section 64.1 [failing to file disclosure statement] or section 64.4 [false or incomplete reports] of this Act,

(ii) section 92.1 [failing to file disclosure statement] or section 92.5 [false or incomplete reports] of the Local Government Act, or

(iii) a section referred to in subparagraph (i) or (ii) as it applies for the purposes of another Act.

(4.1) 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 or that an organization named in the nomination documents is disqualified from endorsing a candidate.

(5) The document filed with the Provincial 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.

(6) At the time a challenge is commenced, a time must be set for the hearing that is adequate to allow the Provincial Court to give its decision on the matter within the time limit set by subsection (8).

(7) The person making a challenge must notify affected persons by

(a) immediately notifying the chief election officer and the person whose nomination is challenged that a challenge will be heard by the Provincial Court at the time set under subsection (6), and

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

(8) Within 72 hours of the end of the period for commencing a challenge, the Provincial 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,

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

(c) declaring that the organization named in the nomination documents is or is not entitled to have its endorsement included on the ballot.

(9) The Provincial Court may order that the costs of a challenge, within the meaning of the Supreme Court Civil Rules, be paid in accordance with the order of the Provincial Court.

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

1993-54-61; 1999-37-298; 2000-7-191; 2010-6-86.

Ballot showing candidate endorsement by elector organization

51.   (1) In order for an organization, whether incorporated or unincorporated, to have its endorsement of a candidate included on a ballot, the organization must

(a) have been in existence for at least 60 days immediately before the solemn declaration under subsection (3) is made, and

(b) have had a membership of at least 50 electors throughout the period referred to in paragraph (a).

(2) An organization must indicate its endorsement by authorizing a director or other official to make the solemn declaration described in subsection (3).

(3) The solemn declaration of the official of the elector organization must include the following:

(a) a statement that, to the best of the knowledge, information and belief of the official, the elector organization

(i) has been in existence for at least 60 days immediately before the date on which the solemn declaration is made,

(ii) has had a membership of at least 50 electors throughout the period referred to in subparagraph (i), and

(iii) has authorized the official to make the solemn declaration;

(b) the name of the candidate endorsed by the elector organization;

(c) the corporate name, if any, of the elector organization, the usual name of the organization and any abbreviations, acronyms and other names used by the elector organization;

(d) a statement as to which name, abbreviation or acronym referred to in paragraph (c) is the one that the elector organization wishes to have included on the ballot;

(e) the name of the director or other official responsible for the financial affairs of the elector organization;

(f) the name of the president, chair or other chief official of the elector organization and an address and telephone number at which this person can be contacted;

(g) any other matter required to be included by regulation under section 128.

(4) The name, abbreviation or acronym referred to in subsection (3) (d) must not

(a) include any matter that is prohibited by section 77 from being included on the ballot, or

(b) be, in the opinion of the chief election officer, so similar to the name, abbreviation or acronym of another elector organization whose endorsement of a candidate appeared on a ballot at the preceding general local election or a later election as to be confusing to the electors.

(5) A solemn declaration under subsection (3) may be made in relation to more than one candidate in an election, but only one elector organization endorsement may be shown on a ballot in relation to a candidate.

(6) An elector organization endorsement must not appear on a ballot if

(a) the elector organization withdraws its endorsement before 4 p.m. on the 29th day before general voting day by delivering to the chief election officer by that time

(i) a written withdrawal signed by a director or other official of the elector organization, and

(ii) a solemn declaration of the official signing the withdrawal that, to the best of that person's knowledge, information and belief, the elector organization has authorized the person to make the withdrawal, or

(b) before 4 p.m. on the 29th day before general voting day, the candidate withdraws the request to have the elector organization endorsement appear on the ballot by delivering a signed withdrawal to the chief election officer by that time.

1993-54-61; 1994-52-146.

Definitions

55.   In this Division

"campaign account" means an account for a candidate, elector organization or campaign organizer that is required under section 57.1 (1);

"campaign contribution" means the amount of any money or the value of any property or services provided, by donation, advance, deposit, discount or otherwise, to a candidate, elector organization or campaign organizer for use in an election campaign or towards the election expenses of an election campaign, including for certainty

(a) the amount of any money provided by a candidate for the election campaign, and

(b) in relation to an election campaign of a campaign organizer who is an individual, the amount of any money provided by the individual for the election campaign;

"campaign organizer" means

(a) an organization, whether incorporated or unincorporated, other than an elector organization, that undertakes, or intends to undertake, an election campaign that

(i) augments or operates in place of, or

(ii) is intended to augment or operate in place of

the election campaign of one or more candidates or of one or more elector organizations, or both, or

(b) an individual who

(i) undertakes, or intends to undertake, an election campaign referred to in paragraph (a), other than an election campaign for the individual as a candidate, and

(ii) accepts, or intends to accept, campaign contributions in relation to the campaign from any other individual or any organization, whether incorporated or unincorporated;

"disclosure statement" means a disclosure statement under section 62;

"election campaign" means an election campaign within the meaning of section 56;

"election expense" means the value of property and services used in an election campaign by or on behalf of a candidate, elector organization or campaign organizer,

(a) in relation to an election that is part of a general local election, during the calendar year in which the election is held, and

(b) in relation to another election, after the date of the vacancy for which the election is being held;

"elector organization" means an elector organization that endorses or intends to endorse a candidate within the meaning of section 51;

"late filing period" means the period specified under section 62.2 (a) [30 day late filing period for disclosure statements];

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

"property" means property or the use of property, as applicable;

"supplementary report" means a supplementary report under section 62.1.

1993-54-61; 1999-37-300; 2008-5-46.

Election campaign

56.   (1) In relation to a candidate, an election campaign is a campaign for any of the following purposes in relation to an election, including such a campaign undertaken before the person is nominated or declared a candidate:

(a) to promote the election of the candidate, or to oppose the election of another candidate;

(b) to approve of a course of action advocated by the candidate, or to disapprove of a course of action advocated by another candidate;

(c) to promote an elector organization or campaign organizer or its program, or to oppose an elector organization or campaign organizer or its program;

(d) to approve of a course of action advocated by an elector organization or campaign organizer, or to disapprove of a course of action advocated by an elector organization or campaign organizer;

(e) to promote the selection of the person to be endorsed by an elector organization, or to oppose the selection of another person for this;

(f) to promote the selection of the person to have an election campaign undertaken or augmented by a campaign organizer, or to oppose the selection of another person for this.

(2) In relation to an elector organization, an election campaign is a campaign for any of the following purposes in relation to one or more elections that are being conducted at the same time, including such a campaign undertaken before the elector organization endorses a candidate:

(a) to promote the election of a candidate, or to oppose the election of a candidate;

(b) to approve of a course of action advocated by a candidate, or to disapprove of a course of action advocated by a candidate;

(c) to promote an elector organization or campaign organizer or its program, or to oppose an elector organization or campaign organizer or its program;

(d) to approve of a course of action advocated by an elector organization or campaign organizer, or to disapprove of a course of action advocated by an elector organization or campaign organizer.

(3) In relation to a campaign organizer, an election campaign is a campaign for any of the following purposes in relation to one or more elections that are being conducted at the same time:

(a) to promote the election of a candidate, or to oppose the election of a candidate;

(b) to approve of a course of action advocated by a candidate, or to disapprove of a course of action advocated by a candidate;

(c) to promote an elector organization or campaign organizer or its program, or to oppose an elector organization or campaign organizer or its program;

(d) to approve of a course of action advocated by an elector organization or campaign organizer, or to disapprove of a course of action advocated by an elector organization or campaign organizer;

(e) to promote the selection of a person to be endorsed by an elector organization, or to oppose the selection of another person for this.

2008-5-47.

Financial agent required for candidates, elector organizations and campaign organizers

57.   (1) Subject to subsection (2), a candidate must appoint one individual as financial agent, who may also be the official agent of the candidate.

(2) If a financial agent is not appointed for a candidate, the candidate is deemed to be his or her own financial agent.

(3) An elector organization must appoint one individual as financial agent.

(4) Subject to subsection (5), a campaign organizer must appoint one individual as financial agent.

(5) If a campaign organizer that is an individual does not appoint a financial agent, the individual is deemed to be his or her own financial agent.

(6) An appointment of a financial agent must

(a) be made in writing and signed by the candidate, an authorized official of the elector organization or the campaign organizer or an authorized official of the campaign organizer, as applicable, and

(b) include the name and address of the person appointed.

(7) The appointment of a financial agent must be delivered to the chief election officer, or a person designated by the chief election officer for this purpose, as follows:

(a) in the case of a financial agent for a candidate or elector organization, as soon as reasonably possible after the appointment is made;

(b) in the case of a financial agent for a campaign organizer, no later than the time when the information referred to in section 57.01 (3) [information to be provided to chief election officer] is required to be provided under that section.

(8) An appointment under this section may be rescinded only in the same manner as the appointment was made.

2008-5-48.

Information to be provided to chief election officer

57.01   (1) A candidate must deliver the following information to the chief election officer as soon as reasonably possible after the person is declared to be a candidate under section 46 [declaration of candidates]:

(a) the name of the financial agent of the candidate and an address and telephone number at which the financial agent can be contacted;

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

(2) An elector organization must deliver the following information to the chief election officer as soon as reasonably possible after it becomes an elector organization within the meaning of this Part:

(a) the legal name of the elector organization;

(b) the usual name of the elector organization, if this is different from its legal name, and any abbreviations, acronyms and other names used by the elector organization;

(c) the name of the financial agent of the elector organization and an address and telephone number at which the financial agent can be contacted;

(d) the name of the president, chair or other chief official of the elector organization and an address and telephone number at which that person can be contacted;

(e) the name of the director or other official responsible for the financial affairs of the elector organization;

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

(3) A campaign organizer must deliver to the chief election officer information respecting the campaign organizer equivalent to the information required under subsection (2) for an elector organization no later than as soon as reasonably possible after the campaign organizer

(a) has incurred election expenses greater than $500, or

(b) has received campaign contributions greater than $500,

but may deliver that information at any time after that officer is appointed.

(4) If the information delivered to the chief election officer under this section changes, the candidate, elector organization or campaign organizer must deliver revised information to the chief election officer as soon as reasonably possible.

2008-5-49.

Campaign accounts

57.1   (1) The financial agent for a candidate, elector organization or campaign organizer must open one or more campaign accounts at a savings institution

(a) before incurring an election expense that is expected to be paid from money available to the election campaign of the candidate, elector organization or campaign organizer, or

(b) as soon as practicable after the financial agent receives a campaign contribution of money,

whichever occurs first.

(2) A campaign account must be in the name of the election campaign of the candidate, elector organization or campaign organizer, as applicable, and must be used exclusively for the purposes of that election campaign.

(3) The financial agent must ensure that

(a) all campaign contributions of money are deposited into a campaign account for the campaign of the applicable candidate, elector organization or campaign organizer, and

(b) all payments for election expenses are made from a campaign account for that campaign.

2008-5-50.

Restrictions on accepting contributions and incurring expenses

58.   (1) A candidate, elector organization or campaign organizer must not accept campaign contributions or incur election expenses except through the financial agent or a person authorized by the financial agent.

(2) A person must not accept a contribution that the person has reason to believe is made in contravention of this Division.

1993-54-61; 2008-5-51.

Restrictions on making campaign contributions

59.   (1) A person or unincorporated organization must not do any of the following:

(a) make a campaign contribution to a candidate, elector organization or campaign organizer except by making it to the financial agent or a person authorized by the financial agent;

(b) make an anonymous campaign contribution that has a value of more than $50;

(c) make a number of anonymous campaign contributions to the same candidate for the election campaign if, in aggregate, the campaign contributions would be equal in value to more than $50;

(d) make a number of anonymous campaign contributions to the same elector organization or campaign organizer in relation to one or more elections that are conducted at the same time if, in total, the campaign contributions would be equal in value to more than $50;

(e) make a campaign contribution indirectly by giving the money, property or services to a person or unincorporated organization for that person or organization to make as a campaign contribution.

(2) If a candidate, elector organization or campaign organizer is given an anonymous campaign contribution that exceeds the limit established by subsection (1), the candidate, elector organization or campaign organizer must give the campaign contribution to the city for the use of the city in the discretion of the Council.

1993-54-61; 2008-5-52.

Financial agent must record contribution and expenses

60.   (1) For the purposes of complying with the reporting requirements of this Division, a financial agent must record the following for each campaign contribution made to the candidate, elector organization or campaign organizer for whom the financial agent is acting:

(a) the value of the contribution;

(b) the date on which the contribution was made;

(c) the full name and address of the contributor, unless it is an anonymous contribution;

(d) the class of the contributor as described in subsection (3);

(e) if the contributor is a numbered corporation or an unincorporated organization, the full names and addresses of at least 2 individuals

(i) who are directors of the organization, or

(ii) if there are no individual directors, who are principal officers or principal members of the organization.

(2) Subsection (1) does not apply to campaign contributions of services referred to in section 61 (2).

(3) Contributors must be classified as follows:

(a) individuals;

(b) corporations;

(c) unincorporated organizations engaged in business or commercial activity;

(d) trade unions;

(e) non-profit organizations;

(f) other contributors.

(4) The financial agent must maintain records of election expenses sufficient to meet the requirements of this Division.

(5) The records required by this section must be retained by the financial agent, candidate, elector organization or campaign organizer until 7 years after general voting day for the election to which they relate.

1999-37-304; 2008-5-53.

Valuation of campaign contributions and election expenses

61.   (1) Unless otherwise provided, the value of property or services used by or provided to a candidate, elector organization or campaign organizer is

(a) the actual amount paid or to be paid, if this is equal to or greater than the fair market value of the property or use of the property or of the services, or

(b) the fair market value of the property or the use of the property or of the services, if no price is paid or to be paid or if the price is less than the fair market value.

(2) The value of the following services is deemed to be nil:

(a) services provided by a volunteer within the meaning of subsection (3);

(b) services provided by a financial agent to comply with the requirements of this Part;

(c) professional services provided to comply with the requirements of this Part;

(d) free election advertising space provided to a candidate, elector organization or campaign organizer in a periodical publication if the advertising space is made available on an equitable basis to all other candidates.

(3) A volunteer is an individual who provides services for no remuneration or material benefit, but does not include

(a) an individual who is self-employed if the services provided are normally sold or otherwise charged for by the individual, or

(b) an individual if the employer of the individual makes the services available at the employer's expense.

(4) If a person provides property or services to a candidate, elector organization or campaign organizer for use in an election campaign at less than the fair market value of the property or services, the person is deemed to have made a campaign contribution of the difference between the fair market value and the amount charged.

(5) If a debt owed by a candidate, elector organization or campaign organizer for an election expense remains unpaid 6 months or more after becoming due, the amount due is deemed to be a campaign contribution unless the creditor has commenced legal proceedings to recover the debt.

1993-54-61; 2008-5-54.

Transfer of candidate's surplus campaign funds

61.1   (1) This section applies if, after the election and after the payment of a candidate's election expenses and any other reasonable expenses incidental to the candidate's election campaign, there is a balance remaining in an account referred to in section 57.1 [campaign accounts] for the candidate.

(2) If the candidate made campaign contributions in relation to his or her election campaign, the financial agent may refund the campaign contributions to the candidate, to the extent that the total balance in the accounts permits this.

(3) If, after any refund under subsection (2), the total balance in the accounts is less than $500, the financial agent may pay the balance to the candidate or in accordance with the directions of the candidate.

(4) If, after any refund under subsection (2), the total balance in the accounts is $500 or more, the financial agent of the candidate must pay the balance as soon as practicable to the city.

(5) Funds received by the city under subsection (4), including accumulated interest, must be held in trust by the city to be dealt with as follows:

(a) if the person in respect of whom they were paid is a candidate within the meaning of section 46 [declaration of candidates] in an election for the city in the next general local election or in a by-election called before that time, the city must pay the funds to the financial agent of the candidate for use in the election;

(b) if the funds are not paid out under paragraph (a), the funds cease to be trust funds and become part of the general revenue of the city.

1999-37-305.

Duty to file disclosure statement

62.   (1) Within 120 days after general voting day for an election, the financial agent of

(a) each person who was declared to be a candidate under section 46,

(b) each elector organization, and

(c) each campaign organizer subject to the requirement under section 57.01 (3) [information to be provided to chief election officer]

must file with the City Clerk a disclosure statement in accordance with this section.

(2) The candidate, elector organization or campaign organizer must ensure that the financial agent files a disclosure statement in accordance with this section.

(3) For certainty, a disclosure statement is required even if the candidate receives no campaign contributions, incurs no election expenses, is acclaimed, dies, withdraws from the election or is declared by a court to no longer be a candidate.

(4) A disclosure statement must include the following in relation to the election campaign of the candidate, elector organization or campaign organizer:

(a) the total amount of campaign contributions;

(b) for each person or unincorporated organization who made a campaign contribution of $100 or more, the information referred to in section 60 (1) (a) to (e) other than the address of an individual;

(c) for each anonymous campaign contribution, that was given to the city under section 59 (2), the information referred to in section 60 (1) (a) and (b);

(d) for contributions not referred to in paragraph (b) or (c), the total value of the campaign contributions received and the total number of contributors from whom they were received;

(e) the total amount of election expenses;

(f) the total amount of election expenses in each class prescribed by regulation under section 128;

(g) any transfers received from the city under section 61.1 (5) (a) [transfer of candidate's surplus election funds];

(h) any balance for a candidate as referred to in section 61.1 (1) [transfer of candidate's surplus elections funds], or any equivalent deficit, on the day the report is prepared;

(i) if there was a surplus as referred to in section 61.1 (1) [transfer of candidate's surplus elections funds], how that surplus was dealt with;

(i.1) the name and address of the savings institution for the accounts required under section 57.1 [campaign accounts];

(i.2) in the case of a disclosure statement for a candidate who was endorsed by an elector organization, the name of the elector organization;

(i.3) in the case of a disclosure statement for an elector organization, the names of the candidates endorsed by the elector organization;

(i.4) in the case of a disclosure statement for a campaign organizer, the names of the candidates and elector organizations in relation to which the campaign organizer undertook an election campaign;

(j) any other information required by regulation under section 128.

(4.1) The requirements of subsection (4) (i.2) and (i.3) apply even if a withdrawal under section 51 (6) [ballot showing candidate endorsement by elector organization] was made by the elector organization or by the candidate.

(5) For the purposes of this section, if a person or unincorporated organization makes more than one campaign contribution to a candidate, elector organization or campaign organizer, the person or organization is deemed to have made a single campaign contribution in an amount equal to the total value of the actual campaign contributions.

(6) The disclosure statement must be accompanied by solemn declarations of the persons referred to in subsection (7) that, to the best of the knowledge, information and belief of the person making the declaration,

(a) the disclosure statement completely and accurately discloses the required information, and

(b) the requirements of this Division have been met in relation to the election campaign of the candidate, elector organization or campaign organizer, as applicable.

(7) Declarations under subsection (6) must be made by the following persons:

(a) in each case, the financial agent filing the disclosure statement;

(b) in the case of a disclosure statement for a candidate, the candidate;

(c) in the case of a disclosure statement for an elector organization, the individual identified as the chief official of the elector organization in the most recent information provided under section 57.01 [information to be provided to chief election officer];

(d) in the case of a disclosure statement for a campaign organizer, the individual identified as the chief official of the campaign organizer in the most recent information provided under section 57.01 [information to be provided to chief election officer].

1999-37-306; 2008-5-55.

Duty to file supplementary reports

62.1   (1) A supplementary report must be filed with the City Clerk within 30 days after the financial agent, or the candidate, elector organization or campaign organizer for whom a disclosure statement was filed, becomes aware that

(a) any of the information reported in the disclosure statement has changed, or

(b) the disclosure statement did not completely and accurately disclose the information required to be included in the disclosure statement.

(2) A supplementary report under this section must

(a) report the new information in accordance with the requirements of section 62, and

(b) state the circumstances that have led to the filing of the report.

(3) A supplementary report under this section must be accompanied by solemn declarations of the persons referred to in section 62 (7) that, to the best of the knowledge, information and belief of the person making the declaration,

(a) the report completely and accurately discloses the required information, and

(b) the requirements of this Division have been met in relation to the election campaign of the candidate, elector organization or campaign organizer, as applicable.

1999-37-306; 2008-5-56.

Late filing of disclosure statements

62.2   The penalties under sections 64 [candidate disqualification for failure to file disclosure statement] and 64.1 [elector organization disqualification for failure to file disclosure statement] do not apply in the following circumstances:

(a) if the disclosure statement is filed within 30 days after the time period established by section 62 (1) [duty to file disclosure statement] and a late filing penalty of $500 is paid to the city;

(b) if an order under section 63 relieves the candidate, elector organization or campaign organizer from the obligation to file the disclosure statement;

(c) if

(i) an order under section 63 does not relieve the candidate, elector organization or campaign organizer from the obligation to file the disclosure statement but does provide other relief, and

(ii) the disclosure statement complies with the order and is filed by the end of the late filing period under paragraph (a) or the time set for filing by the order, as applicable.

1999-37-306; 2008-5-57.

Court order for relief from filing obligations

63.   (1) A candidate, elector organization or campaign organizer may apply to the Supreme Court in accordance with this section for relief from an obligation to file a disclosure statement or supplementary report.

(2) An application in relation to a disclosure statement must be made before the end of the late filing period, but an application in relation to a supplementary report may be made at any time.

(3) No later than 7 days after a petition commencing an application is filed in the court registry, it must be served on the city.

(4) No later than 14 days after the petition is filed, the applicant must apply to have the matter set down for hearing by the Supreme Court and the date set by the court for hearing must be no later than 28 days after the petition is filed.

(5) On the hearing of an application, the court may do the following:

(a) relieve the candidate, elector organization or campaign organizer

(i) from the obligation to file the disclosure statement or supplementary report, or

(ii) from specified obligations in relation to the statement or report,

if the court considers that, in relation to the non-compliance, the financial agent and, if applicable, the candidate have acted in good faith;

(b) grant an extension of the time for filing if the court considers that, in relation to the non-compliance, the financial agent and, if applicable, the candidate have acted in good faith;

(c) make any additional order the court considers appropriate to secure compliance with this Division to the extent the court considers reasonable in the circumstances;

(d) refuse to grant an extension or other relief.

(6) If the court grants an extension under subsection (5) (b) for a disclosure statement, the order must specify whether the penalty referred to in section 62.2 (a) must be paid in order for the statement to be filed.

1999-37-306; 2008-5-58.

Candidate disqualification for failure to file disclosure statement

64.   (1) Unless a court order under section 63 relieves the candidate from the obligation to file a disclosure statement, a candidate for whom the disclosure statement is not filed before the end of the late filing period is subject to the following penalties:

(a) in the case of a candidate who is declared elected, at the applicable time under subsection (2) the council member ceases to hold office and the seat of the member becomes vacant;

(b) in all cases, from the applicable time under subsection (2) the person is disqualified from being nominated for, elected to or holding office on Council, the council of another municipality, the board of a regional district or a board of school trustees, or as a local trustee of the Islands Trust, until after the next general local election.

(2) The time at which a candidate becomes subject to the penalties under subsection (1) is as follows:

(a) if no application under section 63 is commenced, at the end of the late filing period;

(b) if an application under section 63 is commenced but the matter is not set for hearing in accordance with section 63 (4), 15 days after the petition was filed;

(c) if, on an application under section 63, the Supreme Court refuses to grant relief from the obligation to file the disclosure statement, at the time of that decision;

(d) if, on an application under section 63, the Supreme Court grants relief but the candidate does not comply with the court order, at the end of the late filing period or at the time set for filing by the order, as applicable.

(3) If a person who is subject to subsection (2) (c) or (d) appeals the decision of the Supreme Court, the appeal does not operate to stay the penalties under this section.

(4) On the final determination of an appeal, if the court relieves the candidate from the obligation to file the disclosure statement, or grants other relief and the candidate complies with the court order,

(a) if the term of office for which the candidate was elected has not ended,

(i) the candidate is entitled to take office for any unexpired part of the term, and

(ii) if the candidate exercises this right, any person currently holding the office ceases to hold office, and

(b) the candidate is entitled to be elected at any following election if otherwise qualified.

1999-37-306.

Disqualification of elector organization or campaign organizer for failure to file

64.1   (1) Unless a court order under section 63 [court order for relief] relieves the elector organization or campaign organizer from the obligation to file a disclosure statement, an elector organization or campaign organizer for whom the disclosure statement is not filed before the end of the late filing period

(a) is disqualified from endorsing a candidate under section 51 of this Act, section 79 of the Local Government Act, or those sections as they apply for the purposes of another Act, and

(b) is prohibited from accepting campaign contributions or incurring election expenses in relation to future elections

until after the next general local election.

(2) The time at which an elector organization or campaign organizer becomes subject to the penalties under subsection (1) is as follows:

(a) if no application under section 63 [court order for relief] is commenced, at the end of the late filing period;

(b) if an application under section 63 is commenced but the matter is not set for hearing in accordance with section 63 (4), 15 days after the petition was filed;

(c) if, on an application under section 63, the Supreme Court refuses to grant relief from the obligation to file the disclosure statement, at the time of that decision;

(d) if, on an application under section 63, the Supreme Court grants relief but the elector organization or campaign organizer does not comply with the court order, at the end of the late filing period or at the time set for filing by the order, as applicable.

(3) If an elector organization or campaign organizer that is subject to subsection (2) (c) or (d) appeals the decision of the Supreme Court, the appeal does not operate to stay the penalties under this section.

2008-5-59.

Public notice of failure to file

64.2   (1) Reports respecting the following must be presented at an open meeting of the Council:

(a) the name of any candidate, elector organization or campaign organizer for whom a disclosure statement is not filed within the time period under section 62 (1) [duty to file disclosure statement];

(b) the name of any candidate, elector organization or campaign organizer for whom a disclosure statement is not filed by the end of the late filing period;

(c) the name of any candidate who is subject to a penalty under section 64 [disqualification for failure to file] or any elector organization or campaign organizer that is subject to a penalty under section 64.1 [disqualification for failure to file].

(2) A report under subsection (1) must be presented as soon as practicable after the City Clerk becomes aware of the applicable circumstances referred to in that subsection.

(3) The City Clerk must send to the Inspector of Municipalities a copy of any report under subsection (1) (c), together with a copy of the nomination under section 44 (1) for the candidate or a copy of the solemn declaration under section 51 (2) [endorsement declaration] for the elector organization, as applicable.

1999-37-306; 2008-5-60.

Candidate disqualification for false or incomplete reports

64.3   (1) Subject to subsection (3), if

(a) a disclosure statement for a candidate does not comply with the requirements of section 62 (4), subject to any relief in relation to those requirements provided by court order under section 63, or

(b) a supplementary report for a candidate does not comply with the requirements of section 62.1 (2), subject to any relief in relation to those requirements provided by court order under section 63,

the candidate is disqualified from being nominated for, elected to or holding office on Council, the council of another municipality, the board of a regional district or a board of school trustees, or as a local trustee of the Islands Trust, until after the next general local election.

(2) For certainty, if a candidate is disqualified by reason of subsection (1) (a), the filing of a supplementary report does not relieve the candidate from the disqualification.

(3) A candidate is not disqualified under subsection (1) if he or she exercised due diligence to ensure that the applicable requirements were met.

1999-37-306.

Disqualification of elector organization or campaign organizer for false or incomplete reports

64.4   (1) Subject to subsection (3) and any relief in relation to the applicable requirements that is provided by court order under section 63, if

(a) a disclosure statement for an elector organization or campaign organizer does not comply with the requirements of section 62 (4), or

(b) a supplementary report for an elector organization or campaign organizer does not comply with the requirements of section 62.1 (2),

the elector organization or campaign organizer

(c) is disqualified from endorsing a candidate under section 51 of this Act or section 79 of the Local Government Act, or those sections as they apply for the purposes of another Act, and

(d) is prohibited from accepting campaign contributions or incurring election expenses in relation to future elections

until after the next general local election.

(2) For certainty, if an elector organization or campaign organizer is subject to the penalties under subsection (1) by reason of subsection (1) (a), the filing of a supplementary report does not relieve the elector organization or campaign organizer from those penalties.

(3) An elector organization or campaign organizer is not subject to the penalties under subsection (1) if its financial agent exercised due diligence to ensure that the applicable requirements were met.

2008-5-61.

Disclosure statements and supplementary reports to be available for public inspection

65.   (1) The disclosure statements and signed declarations under section 62 and the supplementary reports and signed declarations under section 62.1

(a) must be available for public inspection at the City Hall during its regular office hours from the time of filing until 7 years after general voting day for the election to which they relate, and

(b) if a by-law under subsection (2) of this section applies, must be made available to the public in accordance with the by-law.

(2) The Council may, by by-law, provide for public access to documents referred to in subsection (1), during all or part of the period referred to in subsection (1) (a), in any manner the Council considers appropriate, including by the Internet or other electronic means.

(3) A person who inspects or otherwise accesses a document referred to in subsection (1) under this section must not use the information included in it except for the purposes of the following:

(a) this Part;

(b) sections 141, 142.1 to 142.3 and 145.2 to 145.92;

(c) Division 6 [Conflict of Interest] or Division 7 [Disqualification] of Part 4 of the Community Charter.

2008-5-62.

 Election campaign

56.  (1)  In relation to a candidate, an election campaign is a campaign for any of the following purposes in relation to an election, including such a campaign undertaken before the person is nominated or declared a candidate:

(a) to promote the election of the candidate or to oppose the election of another candidate;

(a.1) to promote the selection of the person to be endorsed by an elector organization or to oppose the selection of another person;

(b) to approve of a course of action advocated by the candidate or to disapprove of a course of action advocated by another candidate;

(c) to promote an elector organization or its program or to oppose an elector organization or its program;

(d) to approve of a course of action advocated by an elector organization or to disapprove of a course of action advocated by an elector organization.

(2)  In relation to an elector organization, an election campaign is a campaign for any of the following purposes in relation to one or more elections that are being conducted at the same time, including such a campaign undertaken before the elector organization endorses a candidate:

(a) to promote the election of a candidate or to oppose the election of a candidate;

(b) to approve of a course of action advocated by a candidate or to disapprove of a course of action advocated by a candidate;

(c) to promote the elector organization or its program or to oppose another elector organization or its program;

(d) to approve of a course of action advocated by the elector organization or to disapprove of a course of action advocated by another elector organization.

1993-54-61; 1999-37-301.

 Appointment of financial agent

57.  (1)  A candidate may appoint one individual as financial agent, who may also be the official agent of the candidate.

(2)  If a financial agent is not appointed for a candidate, the candidate is deemed to be his or her own financial agent.

(3)  An elector organization must appoint one individual as financial agent.

(4)  An appointment of a financial agent must

(a) be made in writing and signed by the candidate or authorized official of the elector organization, as applicable,

(b) include the name and address of the person appointed, and

(c) be delivered to the chief election officer, or a person designated by the chief election officer for this purpose, as soon as reasonably possible after the appointment is made or the chief election officer is appointed, whichever occurs later.

(5)  An appointment under this section may only be rescinded in the same manner as the appointment was made.

1993-54-61; 1999-37-302.

 Campaign accounts

57.1  The financial agent must

(a) open one or more campaign accounts at a savings institution, exclusively for the purposes of the election campaign and in the name of the candidate's or elector organization's election campaign, as applicable,

(b) ensure that all campaign contributions of money are deposited into the campaign accounts, and

(c) ensure that all payments for election expenses are made from the campaign accounts.

1999-37-303.

 Late filing of disclosure statements

62.2  The disqualifications under sections 64 [candidate disqualification for failure to file disclosure statement] and 64.1 [elector organization disqualification for failure to file disclosure statement] do not apply in the following circumstances:

(a) if the disclosure statement is filed within 30 days after the time period established by section 62 (1) [duty to file disclosure statement] and a late filing penalty of $500 is paid to the city;

(b) if an order under section 63 relieves the candidate or elector organization from the obligation to file the disclosure statement;

(c) if

(i)  an order under section 63 does not relieve the candidate or elector organization from the obligation to file the disclosure statement but does provide other relief, and

(ii)  the disclosure statement complies with the order and is filed by the end of the late filing period under paragraph (a) or the time set for filing by the order, as applicable.

1999-37-306.

 Elector organization disqualification for failure to file disclosure statement

64.1  (1)  Unless a court order under section 63 relieves the elector organization from the obligation to file a disclosure statement, an elector organization for whom the disclosure statement is not filed before the end of the late filing period is disqualified from endorsing a candidate under section 51 of this Act or section 79 of the Local Government Act, or those sections as they apply for the purposes of another Act, until after the next general local election.

(2)  The time at which an elector organization becomes subject to the penalty under subsection (1) is as follows:

(a) if no application under section 63 [court order for relief] is commenced, at the end of the late filing period;

(b) if an application under section 63 is commenced but the matter is not set for hearing in accordance with section 63 (4), 15 days after the petition was filed;

(c) if, on an application under section 63, the Supreme Court refuses to grant relief from the obligation to file the disclosure statement, at the time of that decision;

(d) if, on an application under section 63, the Supreme Court grants relief but the elector organization does not comply with the court order, at the end of the late filing period or at the time set for filing by the order, as applicable.

(3)  If an elector organization that is subject to subsection (2) (c) or (d) appeals the decision of the Supreme Court, the appeal does not operate to stay the penalty under this section.

1999-37-306; 2000-7-191.

 Elector organization disqualification for false or incomplete reports

64.4  (1)  Subject to subsection (3), if

(a) a disclosure statement for an elector organization does not comply with the requirements of section 62 (4), subject to any relief in relation to those requirements provided by court order under section 63, or

(b) a supplementary report for an elector organization does not comply with the requirements of section 62.1 (2), subject to any relief in relation to those requirements provided by court order under section 63,

the elector organization is disqualified from endorsing a candidate under section 51 of this Act or section 79 of the Local Government Act, or those sections as they apply for the purposes of another Act, until after the next general local election.

(2)  For certainty, if an elector organization is disqualified by reason of subsection (1) (a), the filing of a supplementary report does not relieve the elector organization from the disqualification.

(3)  An elector organization is not disqualified under subsection (1) if its financial agent exercised due diligence to ensure that the applicable requirements were met.

1999-37-306; 2000-7-191.

 Disclosure statements and supplementary reports to be available for public inspection

65.  (1)  The disclosure statements and signed declarations under section 62 and the supplementary reports and signed declarations under section 62.1 must be available for public inspection in the City Hall during its regular office hours from the time of filing until 7 years after general voting day for the election to which they relate.

(2)  Before inspecting a document referred to in subsection (1), 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 document or use the information in it except for the purposes of this Part.

1999-37-306.

Prohibition against certain election advertising on general voting day

124.1   (1) For the purposes of this section:

"election advertising" means advertising used

(a) to promote or oppose, directly or indirectly, the election of a candidate,

(b) to promote or oppose, directly or indirectly, an elector organization that is endorsing a candidate, or

(c) to promote or oppose, directly or indirectly, a campaign organizer;

"sponsor" means

(a) a person who is liable to pay for election advertising, or

(b) if the services of conducting the election advertising are provided without charge as a campaign contribution within the meaning of Division (8) [Campaign Financing], the candidate, elector organization or campaign organizer to whom the services are provided as a contribution.

(2) On general voting day, a person or unincorporated organization must not conduct election advertising by publishing it in a newspaper or magazine or on radio or television.

(3) A person or unincorporated organization must not act as sponsor or agree to act as sponsor of election advertising that is or is to be conducted on general voting day by a means referred to in subsection (1), whether the publication is done within British Columbia or outside British Columbia.

1999-37-313; 2008-5-68.

Definitions

129.   The definitions in Part I apply to this Part and, in addition, in this Part

"other voting" means voting on a matter referred to in section 130;

"voting area" means the area for which the other voting is to be conducted.

1993-54-61.

Who may vote at other voting

133.   (1) In order to vote at other voting, a person must meet both the following requirements:

(a) the person must meet the qualifications of section 23 as a resident elector, or section 24 as a non-resident property elector, in relation to the voting area for which the other voting is to be conducted;

(b) the person must be registered in accordance with subsection (2).

(2) To vote in other voting a person must

(a) be registered, on or before the date established under subsection (5) (a) if applicable, as an elector of the city, or

(b) register immediately before voting, as applicable, either

(i) as an elector of the city, or

(ii) as an elector for the purposes of the other voting only.

(3) A person may vote only once on a question submitted for other voting, even though the voting is conducted in more than one voting area and the person is entitled to vote in relation to more than one voting area.

(4) Registration referred to in subsection (2) (b) (ii) is effective only for the other voting being conducted at that time.

(5) If general voting day for other voting is not general voting day for an election under Part I and advance registration is available under section 29,

(a) the chief election officer must establish a date after which registration as an elector will not entitle the person to vote at the other voting and the person must instead register under subsection (2) (b) in order to vote, and

(b) sections 35 (3), (6) and (7), 36 and 37 do not apply in relation to the other voting.

(6) If subsection (5) applies, at least 6 but not more than 30 days before the date established under paragraph (a) of that subsection, the chief election officer must give notice in accordance with section 17 of

(a) how a person may register in advance, and

(b) the date after which advance registration will not apply for the purposes of the other voting.

1993-54-61; 1994-52-155.

General voting day for other voting

134.   (1) An authority in or under this or any other Act for the Lieutenant Governor in Council or a minister to require a by-law or other matter to be submitted for assent of the electors includes the authority to set a general voting day for obtaining that assent, subject to the restriction that general voting day must be on a Saturday.

(2) Unless general voting day is set under subsection (1), the chief election officer must set general voting day for other voting to be on a Saturday in accordance with the following:

(a) in the case of a by-law referred to in subsection (1), not more than 80 days after the day of the direction to obtain assent;

(b) in the case of a by-law requiring the approval of the Lieutenant Governor in Council or a minister, not more than 80 days after the day of the approval or, if there is more than one approval required, of the last approval;

(c) in the case of other by-laws, not more than 80 days after the day the by-law receives third reading;

(d) in the case of another matter, not more than 80 days after adoption of the authorizing by-law.

1993-54-61.

Arrangements for other voting

135.   (1) In order for a by-law under this Part or a by-law referred to in section 12 to apply in relation to other voting, the by-law must be adopted at least 6 weeks before general voting day for the other voting.

(2) Unless subsection (3) applies, voting opportunities for the other voting are those established under Part I for the other voting.

(3) Voting opportunities in a voting area for assent voting must be the same as those for an election for Council or for the Park Board that is being held at the same time as the assent voting if

(a) the Council is responsible for conducting the assent voting, and

(b) the voting area for the assent voting is all or part of the city.

1993-54-61; 2007-14-201.

Notice of other voting

136.   (1) In place of a notice of election under section 49, at least 6 but not more than 30 days before general voting day for other voting, the chief election officer must issue a notice of voting under this section in accordance with section 17.

(2) In addition to subsection (1), throughout the period between the 30th day before general voting day and general voting day, the notice of other voting must be available for public inspection at the City Hall during its regular office hours and may be made available at other locations and times as the chief election officer considers appropriate.

(3) A notice of voting must include the following information:

(a) the question that is to be voted on;

(b) the voting area;

(c) the qualifications required to be met in order to vote as an elector for the other voting;

(d) the date of general voting day, the voting places established under section 67 for that day and the voting hours for those places;

(d.1) the documents that will be required in order for a person to register as an elector at the time of voting;

(d.2) the place where persons may apply on general voting day for non-resident property elector certificates required in order to register at the time of voting;

(e) information required to be included under section 49 (2) (d) and (f) regarding voting divisions.

(4) If the other voting is on a by-law submitted for the assent of the electors or is authorized by a by-law, the notice of voting must also include the following:

(a) either a copy of the by-law or, if approved by the Council, a synopsis of the by-law in accordance with subsection (5);

(b) if a synopsis of the by-law is included, a statement that the synopsis is not an interpretation of the by-law;

(c) the dates, times and places at which the by-law may be inspected.

(5) A synopsis under subsection (4) (a) must include

(a) in general terms, the intent of the by-law,

(b) the area that is the subject of the by-law, and

(c) if applicable, the amount of the borrowing authorized by the by-law.

(6) If subsection (4) applies, a full copy of the by-law must be available for public inspection

(a) at the City Hall during its regular office hours, and

(b) at each place where voting is conducted.

(7) The notice of voting may also include any other information the chief election officer considers appropriate.

1993-54-61; 2000-7-256; 2008-5-72.

Ballots for other voting

136.1   (1) A ballot for other voting must

(a) indicate the appropriate mark to make a valid vote indicating assent or dissent, and

(b) be in a question form to which the elector may indicate assent or dissent by making the appropriate mark opposite the word "Yes" or the word "No".

(2) Unless otherwise provided under this or another Act, separate ballots must be prepared for each question that is to be voted on.

1993-54-61; 2007-14-201.

When counting for other voting is to be done

136.2   (1) As an exception to section 95, the counting of the vote for other voting may be held at a later time set by the chief election officer, as long as the ballots are counted before the date of the declaration of the other voting results under section 108.

(2) If a later time for counting is set under subsection (1), the presiding election official must ensure that the ballots are sealed in ballot boxes in accordance with section 83 and are delivered to the chief election officer with the materials referred to in section 105.

1993-54-61.

Other general matters

136.3   (1) Notices under this Part may be combined with notices under Part I, as it applies to elections or to other voting, as long as the requirements of all applicable sections are met.

(2) Section 121, requiring the publication of election results in the Gazette, does not apply to other voting.

(3) The Lieutenant Governor in Council may make regulations as provided in section 128, which may be different for other voting than for elections and which may be different for different types of other voting.

1993-54-61.

Scrutineers for other voting

136.4   (1) Scrutineers for the question in other voting and scrutineers against the question must be appointed under section 136.7 if applications in accordance with section 136.6 are received from persons who wish to volunteer for the positions.

(2) Only persons entitled to vote as electors in the other voting are entitled to act as scrutineers for the other voting, but election officials must not be appointed as scrutineers for the other voting.

(3) Unless a by-law under subsection (4) applies, only one scrutineer for the question and one scrutineer against the question may be present at each place at which scrutineers are entitled by Part I to be present.

(4) The Council may, by by-law, permit additional scrutineers to be present at proceedings referred to in subsection (3), subject to any restrictions and conditions in the by-law.

(5) As a limit on the authority under subsection (4), a by-law under that subsection may not provide for different entitlements for scrutineers for the question and scrutineers against the question.

(6) The absence of a scrutineer from a place where proceedings for other voting are being conducted does not invalidate anything done in relation to the other voting.

1993-54-61.

Notice of applications to volunteer as a scrutineer

136.5   (1) Not more than 30 days before the application period begins, the chief election officer must issue a notice under this section in accordance with section 17.

(2) The notice must include the following information:

(a) the question that is to be voted on;

(b) the dates, times and places at which applications for scrutineers will be received;

(c) how interested persons can obtain information on the requirements and procedures for making an application.

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

(4) In addition to subsection (1), from the 6th day before the application period begins until the close of the application period, the notice must be available for public inspection at the City Hall during its regular office hours.

1993-54-61; 2000-7-257.

Applications to volunteer to act as scrutineer for other voting

136.6   (1) The chief election officer must establish a 10-day time period during which applications to act as a scrutineer will be received, in order that appointments may be made before the first voting opportunity.

(1.1) As an exception to subsection (1), if general voting day for other voting is the general voting day for an election, the period for receiving applications

(a) may be established under subsection (1), and

(b) if it is not established under subsection (1), is the nomination period referred to in section 41.

(2) An application to act as a scrutineer for other voting must be signed by the applicant and contain the following information:

(a) the full name of the person applying;

(b) the address to which the person applying wishes to have notices sent;

(c) if required by the chief election officer, a telephone number at which the person applying may be contacted;

(d) a statement that the applicant is entitled to vote as an elector in the other voting and is entitled to act as a scrutineer for the other voting;

(e) a statement as to whether the applicant is in favour of the question or opposed to the question;

(f) any other information required to be included by a regulation under subsection (5).

(3) In order to be appointed as a scrutineer, the application to volunteer as a scrutineer must be received by the chief election officer, or a person designated by the chief election officer for this purpose, before the end of the application period under subsection (1).

(4) [Repealed 1994-52-156.]

(5) The Lieutenant Governor in Council may make regulations prescribing information that must be included in an application under this section.

1993-54-61; 1994-52-156; 2000-7-258.

Appointment of scrutineers for other voting

136.7   (1) The chief election officer must,

(a) on the basis of the applications received in accordance with section 136.6, appoint applicants in favour of the question as scrutineers for the question and applicants opposed to the question as scrutineers against the question, and

(b) assign scrutineers to each place at which scrutineers are entitled to be present under Part I.

(2) If the number of applicants on one side of the question is fewer than the maximum allowed under section 136.4,

(a) all these applicants must be appointed as scrutineers in accordance with subsection (1), and

(b) a scrutineer may be assigned to more than one place if the hours or days of the proceedings at which scrutineers are entitled to be present allow this.

(3) If there are more applicants on one side of the question than the maximum allowed under section 136.4, the following rules apply:

(a) the scrutineers for that side must be determined by lot in accordance with the procedure used in section 79 (4) (a) to (d);

(b) the chief election officer must notify all applicants of the date, time and place of the determination by lot and these applicants are entitled to be present;

(c) names are to be drawn until the number of names drawn is equivalent to the number of scrutineers to be appointed;

(d) the persons whose names are drawn must be appointed as scrutineers in accordance with subsection (1);

(e) in the discretion of the chief election officer, additional names may be drawn of persons who may be appointed if applicants appointed under paragraph (d) are unable to act as scrutineers.

(4) In addition to the appointments under subsection (1), one scrutineer for the question and one scrutineer against the question is entitled to be present at the final determination under section 107 of the other voting and at any judicial recount of the other voting.

(5) Scrutineers referred to in subsection (4) must be appointed in accordance with the following:

(a) the appointment must be made from among those persons who acted as scrutineers under subsection (1) and who indicate that they wish to be considered for the appointment;

(b) if, for a side of the question, more than one person wishes to be considered for appointment, the choice must be made by lot in accordance with subsection (3).

(6) A scrutineer appointment must

(a) be made in writing,

(b) state the name and address of the person appointed,

(c) state the proceedings to which the scrutineer has been assigned under this section and the dates, times and places where these are to be conducted, and

(d) be signed by the chief election officer.

1993-54-61.

Term of office for Mayor and Councillors

139.   (1) The term of office for a Mayor elected at a general local election

(a) begins on the first Monday after December 1 following the election or when the person takes office in accordance with section 140 (3), whichever is later, and

(b) ends immediately before the first Monday after December 1 in the year of the next general local election or when the Mayor's successor takes office, whichever is later.

(2) The term of office for a Councillor elected at a general local election

(a) begins on the first Monday after December 1 following the election or when the person takes office in accordance with section 140 (3), whichever is later, and

(b) ends immediately before the first Monday after December 1 in the year of the next general local election or when a sufficient number of members of Council have taken office to make up a quorum, whichever is later.

1993-54-62; 2014-19-158.

Oath of office

140.   (1) A person elected or appointed to office on Council must make a prescribed oath of office, by oath or solemn affirmation, within the following applicable time limit:

(a) in the case of a person elected by acclamation, within 50 days after the date set for general voting day had an election by voting been required;

(b) in the case of a person elected by voting, within 45 days after the declaration of the results of the election;

(c) in the case of a person appointed to office, within 45 days after the effective date of the appointment.

(2) The oath must be made before a judge of the Court of Appeal, the Supreme Court or the Provincial Court, a justice of the peace or the City Clerk, and the person making the oath must obtain the completed oath or a certificate of it from the person administering it.

(3) A person taking office on Council may also make an oath of allegiance.

(4) A person takes office on Council

(a) at the time the term of office begins if, at this time, the person produces or has produced the completed oath or certificate to the City Clerk, or

(b) at any later time that the person produces the completed oath or certificate to the City Clerk.

(5) The Lieutenant Governor in Council may, by regulation, establish one or more alternative oaths of office for the purposes of this section, which may be different for different types of office.

(6) Once a member of Council takes office, the member is entitled to hold that office through its term and to vote and otherwise act in the office during that time unless the member resigns or becomes disqualified.

1993-54-62; 1994-52-158.

 Disqualification from office for failure to make oath or attend meetings

141.  (1)  If a person elected or appointed to office on Council does not make the required oath under section 140 within the time limit set by that section, the office is deemed to be vacant and the person is disqualified from taking and holding office on Council or on another municipal council or a regional district board until the next general local election.

(2)  If a member of Council is continuously absent from Council meetings for a period of 60 consecutive days or 4 consecutive regularly scheduled Council meetings, whichever is the longer time period, unless the absence is because of illness or with the leave of Council, the office of the member is deemed to be vacant and the person who held the office is disqualified from holding office on Council, another municipal council or a regional district board until the next general local election.

1993-54-62.

Circumstances in which a person is disqualified from office on Council

141.   (1) A person elected or appointed to office on the Council is disqualified from holding that office if any of the following applies:

(a) the person does not make the required oath or affirmation of office within the time established by section 140 (1) [oath of office];

(b) the person is absent from Council meetings for a period of 60 consecutive days or 4 consecutive regularly scheduled Council meetings, whichever is the longer time period, unless the absence is because of illness or injury or is with the leave of the Council;

(c) the person is disqualified under any of the following sections:

section 145.3 [restrictions on participation if in conflict];

section 145.4 [restrictions on inside influence];

section 145.5 [restrictions on outside influence];

section 145.7 [restrictions on accepting gifts];

section 145.8 [disclosure of gifts];

section 145.9 [disclosure of contracts];

section 145.91 [restrictions on use of insider information];

(d) the person is disqualified under section 38 (2) [who may hold elected office] or section 66 (2) [who may hold elected office] of the Local Government Act.

(2) A person disqualified under subsection (1) is disqualified from holding office on Council, the council of another municipality, a board of a regional district, or a Park Board under section 485, as follows:

1993-54-62; 2003-52-502.

 Application to court to declare member of Council disqualified

142.1  (1)  An application to court for a declaration that a member of Council is disqualified from holding office and that the office is vacant may be made in accordance with this section.

(2)  Except as provided in this section, Division (15) of Part I, other than section 115 (7), applies in relation to an application under this section.

(3)  An application may only be made by at least 4 electors of the city.

(4)  An application may be made at any time during the challenged person's term of office, but must be made within 30 days after the alleged basis of the disqualification comes to the attention of any of the persons making the application.

(5)  Within 7 days after the petition commencing an application is filed, it must be served on the Mayor or Councillor whose right to hold office is being challenged and on the City Clerk.

(6)  On the hearing of an application, the court may

(a) declare that the person is confirmed as qualified to hold office, or

(b) declare that the person is not qualified to hold office and that the office is vacant.

1993-54-62.

 Resolution declaring member of Council disqualified

142.2  (1)  If the Council considers that one of its members is disqualified from holding office, the Council may adopt a resolution declaring that the office is vacant.

(2)  Before taking action under subsection (1), the Council must notify the person affected of the proposed action.

(3)  Unless an application to court is made under subsection (4), an office declared vacant under subsection (1) becomes vacant 6 days after the resolution is adopted.

(4)  A person whose office is declared vacant under subsection (1) may apply to court for a determination of whether the person is qualified to hold the office, but the application must be commenced within 5 days after the resolution is adopted.

(5)  Within 7 days after the petition commencing an application under subsection (4) is filed, it must be served on the City Clerk.

(6)  On the hearing of an application under subsection (4), the court may

(a) declare that the person is confirmed as qualified to hold office, or

(b) declare that the person is not qualified to hold office and that the office is vacant.

(7)  Section 119 applies in relation to an application under subsection (4) of this section.

1993-54-62.

 Council member declaration if not entitled to vote

145.2  (1)  This section applies to members of Council in relation to

(a) Council meetings,

(b) meetings of committees referred to in section 165.6 [standing, select and other Council committees], and

(c) meetings of bodies that are subject to section 165.7 [application to other city bodies].

(2)  If a Council member attending a meeting considers that he or she is not entitled to

(a) participate in the discussion of a matter, or

(b) vote on a question in respect of a matter

because the member has a direct or indirect pecuniary interest in the matter or for any other reason, the member must declare this and state the general nature of why the member considers this to be the case.

(3)  After making a declaration required by subsection (2), the member

(a) shall not take part in the discussion of the matter and is not entitled to vote on any question in respect of the matter,

(b) shall immediately leave the meeting or that part of the meeting during which the matter is under consideration, and

(c) shall not attempt in any way, whether before, during or after the meeting, to influence the voting on any question in respect of the matter.

(4)  When a declaration required by subsection (2) is made,

(a) the person recording the minutes of the meeting shall record the member's declaration, the reasons given for it and the times of the member's departure from the meeting room and, if applicable, of the member's return, and

(b) the person presiding at the meeting shall ensure that the member is not present at the meeting at the time of any vote on the matter.

(5)  Whether or not a declaration is made under subsection (2), if a Council member has a direct or indirect pecuniary interest in a matter, the member shall not

(a) participate in the discussion of the matter,

(b) vote on a question in respect of the matter, or

(c) attempt in any way, whether before, during or after the meeting, to influence the voting on any question in respect of the matter.

(6)  Subsection (5) does not apply

(a) if the pecuniary interest of the Council member is a pecuniary interest in common with electors of the city generally,

(b) if the matter relates to remuneration or expenses payable to one or more Council members in relation to their duties as Council members, or

(c) if the pecuniary interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence the member in relation to the matter.

(7)  A person who contravenes subsection (5) is disqualified from continuing to hold office as a member of Council, unless the contravention was done inadvertently or because of an error in judgment made in good faith.

(8)  If otherwise qualified, a person disqualified under subsection (7) is qualified to be nominated and elected in the by-election to fill the vacancy created by this disqualification and, if elected, is qualified to hold the office.

(9)  The Council may apply to the court for an order under subsection (11) if, as a result of subsection (2), the number of Council members who may discuss and vote on a matter falls below

(a) the quorum for Council, or

(b) the number of Council members required to adopt the applicable by-law or resolution.

(10)  An application under subsection (9) may be made without notice to any other person.

(11)  On an application under subsection (9), the court may

(a) order that all or specified members of Council may discuss and vote on the matter, despite the other provisions of this section, and

(b) make the authority under paragraph (a) subject to any conditions and directions the court considers appropriate.

1999-37-320.

Power of Provincial Government to confer added powers in emergency

154.   If at any time, due to unforeseen events of unusual and pressing gravity, the Council, by a vote of not less than two-thirds of the members thereof, passes a resolution declaring that a state of emergency exists in the city, and that the powers then enjoyed by the Council are insufficient to cope with such emergency, the Lieutenant-Governor in Council may by Order confer on the Council such additional powers with respect to the management and disposal of the property and assets of the city as he thinks necessary for the period of such emergency, and thereupon the Council shall have and may exercise the powers so conferred.

1953-55-154.

Power of Provincial Government to confer added powers in emergency

154.   If at any time, due to unforeseen events of unusual and pressing gravity, the Council, by a vote of not less than two-thirds of the members thereof, passes a resolution declaring that a state of emergency exists in the city, and that the powers then enjoyed by the Council are insufficient to cope with such emergency, the Lieutenant Governor in Council may by Order confer on the Council such additional powers with respect to the management and disposal of the property and assets of the city as the Lieutenant Governor in Council thinks necessary for the period of such emergency, and thereupon the Council shall have and may exercise the powers so conferred.

1953-55-154; 2022-15-43; 2022-15-73,Sch 1.

Witnesses may be required to attend

156.   The Council, or any committee of members of the Council, shall have power, under the hand of the Mayor, to summon witnesses for examination on oath in any and all matters within its jurisdiction, and the Mayor shall have the same power to enforce the attendance of such witnesses and compel them to give evidence as is vested in any Court of law in civil cases. The Mayor or chairman of the committee shall administer the oath to any witness, and such witness may be examined, cross-examined, and re-examined according to the practice of the Supreme Court in civil cases.

1953-55-156.

Discharge of committees

160.   All committees of Council shall stand discharged immediately before the first Monday after December 1 in the year of a general local election.

1993-54-64; 2014-14-189.

 Delegation of authority to issue permits

161A  Any regulatory by-law may provide for regulation by the use of permits and may fix a fee therefor, and any official authorized by by-law to issue a permit may delegate that authority to any person under his control.

1955-114-5; 1964-72-2.

 General rule: meetings must be open to the public

165.1  Subject to section 165.2 [closed meetings], a Council meeting must be open to the public.

1999-37-323.

 Meetings that may or must be closed

165.2  (1)  A part of a Council meeting may be closed to the public if the subject matter being considered relates to one or more of the following:

(a) personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the city or another position appointed by the city;

(b) personal information about an identifiable individual who is being considered for an award or honour, or who has offered to provide a gift to the city on condition of anonymity;

(c) labour relations or employee negotiations;

(d) the security of property of the city;

(e) the acquisition, disposition or expropriation of land or improvements, if the Council considers that disclosure might reasonably be expected to harm the interests of the city;

(f) law enforcement, if the Council considers that disclosure might reasonably be expected to harm the conduct of an investigation under or enforcement of an Act, regulation or by-law;