Definitions

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

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

"voting area" means an area for which the applicable assent voting is to be conducted.

2014-19-153.

Assent voting to be conducted in same manner as an election

130.   (1) This Part applies to

(a) voting on a by-law or other matter for which assent of the electors is required,

(b) voting on a by-law or other matter for which the Council is authorized by this or another Act to obtain the assent of the electors, unless otherwise provided by the authorizing enactment, and

(c) voting on a question under section 184.

(2) Except as otherwise provided, Part I [Electors and Elections] applies in relation to

(a) voting referred to in subsection (1) as if the assent voting for the voting area were an election for an election area, and

(b) assent voting advertising whether or not it is election advertising.

(3) For certainty, Division (17) [Election Offences] of Part I applies in relation to assent voting.

1993-54-61; 1999-37-318; 2014-19-154.

How assent is obtained

131.   (1) Unless otherwise provided in this Act, if assent of the electors to a by-law or other matter is required or wanted, that assent is obtained only if a majority of the votes counted as valid are in favour of the by-law or question.

(2) If a by-law that requires the assent of the electors does not receive that assent, no other by-law for the same purpose may be submitted to the electors within a period of 6 months from the last submission except with the approval of the minister.

(3) Despite section 27 (4) of the Interpretation Act, a by-law to which that section applies in relation to assent of the electors may be amended or repealed without the assent of the electors if the minister approves.

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

Each by-law to be voted on must be for a distinct purpose

132.   (1) A by-law submitted for the assent of electors must be for only one distinct purpose, although the by-law may include purposes incidental to the main purpose.

(2) If 2 or more by-laws are submitted at the same time for assent of the electors, each by-law must be voted on as a separate question unless otherwise provided in this Act.

1993-54-61.

Who may vote at assent voting

133.   (1) In order to vote at assent 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 assent voting is to be conducted;

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

(2) To vote in assent 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 assent voting only.

(3) A person may vote only once on a question submitted for assent 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 assent voting being conducted at that time.

(5) If general voting day for assent 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 assent 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 assent 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 assent voting.

1993-54-61; 1994-52-155; 2014-19-157.

General voting day for assent 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 assent 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; 2014-19-157.

Arrangements for assent 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 assent voting, the by-law must be adopted at least 6 weeks before general voting day for the assent voting.

(2) Unless subsection (3) applies, voting opportunities for the assent voting are those established under Part I for the assent 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; 2014-19-156,157.

Notice of assent 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 assent 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 thirtieth day before general voting day and general voting day, the notice of assent 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 assent 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) [Repealed 2019-5-24.]

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

(4) If the assent 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; 2014-19-157; 2019-5-24; 2021-30-56,Sch 2.

Ballots for assent voting

136.1   (1) A ballot for assent 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; 2014-19-157.

When counting for assent voting is to be done

136.2   (1) As an exception to section 95, the counting of the vote for assent 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 assent 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; 2014-19-157.

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 assent 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 assent voting.

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

1993-54-61; 2014-19-157.

Scrutineers for assent voting

136.4   (1) Scrutineers for the question in assent 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 assent voting are entitled to act as scrutineers for the assent voting, but election officials must not be appointed as scrutineers for the assent 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 assent voting are being conducted does not invalidate anything done in relation to the assent voting.

1993-54-61; 2014-19-157.

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 sixth 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; 2021-30-56,Sch 2.

Applications to volunteer to act as scrutineer for assent 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 assent 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 assent 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 assent voting and is entitled to act as a scrutineer for the assent 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; 2014-19-157.

Appointment of scrutineers for assent 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 assent voting and at any judicial recount of the assent 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; 2014-19-157.