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TITLE | DATE INTRODUCED |
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| 17 |
SENATE NOMINEE ELECTION ACT (First Reading) |
Feb. 27/13 | ||||||||||||||||||||||||||||||||
Commencement:
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BILL 17 — 2013
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| Item | Column 1 | Column 2 | Column 3 |
| 1 | all applicable provisions of the Election Act | election | senate nominee election |
| 2 | all applicable provisions of the Election Act | this Act | the Senate Nominee Election Act |
| 3 | Part 5 and Division 3 of Part 7 | district electoral officer | chief electoral officer |
| 4 | sections 183 (4) (b) and 184 (4) (b) | to, within or from the electoral district | within British Columbia |
| 5 | section 244 (1) | during a campaign period or the period beginning 60 days before the campaign period | during a campaign period |
| 6 | section 255 (7) (c) | from holding office as a member of the Legislative Assembly | from holding office as a member of the Legislative Assembly and from being a senate nominee |
| 7 | section 255 (7) (d) | from voting in an election for a member of the Legislative Assembly | from voting in an election for a member of the Legislative Assembly and from voting in a senate nominee election |
3 Subject to section 2 of this Act, section 2 [time] of the Election Act applies for the purposes of a senate nominee election.
4 (1) Subject to subsections (2) and (3), after each senate nominee election, the minister must prepare a senate nominee list as follows:
(a) the candidate who is declared elected as a senate nominee by the chief electoral officer under section 39 (2) (b) [declaration of official election results] with the highest number of votes must be the first name on the senate nominee list;
(b) the candidate who is declared elected as a senate nominee by the chief electoral officer under section 39 (2) (b) with the second highest number of votes must be the second name on the senate nominee list and so on until the number of senate nominees to be elected set in an order under section 13 [calling senate nominee election] appears on the list.
(2) If the election of a senate nominee is determined by a declaration under section 39 (4), the minister must prepare a senate nominee list by
(a) setting out the names of the candidates declared elected as senate nominees in a tie vote in alphabetical order by surname and, if 2 or more candidates have the same surname, in alphabetical order by their first given or usual names, taking account of any candidate declared elected under section 39 (2) (b), and
(b) indicating which candidates were declared elected as senate nominees in a tie vote.
(3) If the election of a senate nominee is determined by
(a) acclamation under section 23 (1) (e) [declaration of candidates and election], or
(b) a declaration under section 27 (4) [withdrawal of candidate],
the minister must prepare a senate nominee list by
(c) setting out the name of the candidate or the names of the candidates declared elected as senate nominees under section 23 (1) (e) or 27 (4), as applicable, in alphabetical order by surname and, if 2 or more candidates have the same surname, in alphabetical order by their first given or usual names, and
(d) indicating that the candidates were declared elected as senate nominees by acclamation or after the withdrawal of other candidates, as applicable.
5 (1) Subject to subsection (2), the government of British Columbia must submit to the Prime Minister of Canada, as individuals who are recommended to be summoned to the Senate of Canada for the purpose of filling vacancies in respect of British Columbia, the number of names of the senate nominees on the senate nominee list that
(a) is equal to the number of vacancies in respect of British Columbia, and
(b) is in the order on the senate nominee list.
(2) If
(a) the senate nominee list includes names of candidates whose election was determined by acclamation under section 23 (1) (e) or by a declaration under section 27 (4) or 39 (4), and
(b) one or more of those names are required to fill a vacancy in respect of British Columbia,
then
(c) subsection (1) (a) of this section does not apply, and
(d) the names of the senate nominees submitted to the Prime Minister must include the names of the senate nominees described in paragraphs (a) and (b) of this subsection.
(3) If the election of any of the senate nominees whose names are submitted to the Prime Minister was determined by acclamation under section 23 (1) (e) or by a declaration under section 27 (4) or 39 (4), the submission must indicate
(a) that the candidate was declared elected as a senate nominee by acclamation under section 23 (1) (e) or by a declaration under section 27 (4) or 39 (4), as applicable, and
(b) that the alphabetical order in which the names of the senate nominees appear is not a preference by the government of British Columbia in respect of who is recommended to be summoned to the Senate of Canada for the purposes of filling vacancies in respect of British Columbia.
6 An individual remains a senate nominee until the earliest of the following:
(a) the date the individual is appointed to the Senate of Canada;
(b) the date the senate nominee election is called that immediately follows the senate nominee election at which the individual was declared elected as a senate nominee;
(c) the date the individual submits a request to withdraw under section 7 of this Act;
(d) the date the individual takes an oath or makes a declaration or acknowledgement of allegiance, obedience or adherence to a foreign power, or takes any action by which the individual becomes a subject or citizen, or becomes entitled to the rights or privileges of a subject or citizen, of a foreign power;
(e) the date the individual becomes bankrupt or insolvent or applies for the benefit of any law relating to insolvent debtors;
(f) the date the individual no longer meets the qualifications for appointment to the Senate of Canada under section 23 of the Constitution Act, 1867;
(g) the date the individual ceases to be qualified to be nominated as a candidate under section 17 [who may be nominated] of this Act.
7 (1) A senate nominee may submit a signed withdrawal to the minister requesting
(a) that the senate nominee's name not be submitted to the Prime Minister of Canada under section 5, or
(b) if the senate nominee's name has been submitted to the Prime Minister of Canada under section 5, that the senate nominee's name be withdrawn.
(2) The senate nominee's signature on a withdrawal must be witnessed by at least one other individual who must sign the withdrawal as witness.
(3) The submission of a withdrawal under subsection (1) does not affect any application for an appeal or recount by another candidate.
Part 3 — Senate Nominee Election Officials
Division 1 — Chief Electoral Officer
8 (1) The chief electoral officer has the duties and powers set out in section 12 [duties and powers of the chief electoral officer] of the Election Act for the purposes of a senate nominee election.
(2) Subject to section 2 [application of Election Act – general] of this Act, section 10 (1) and (2) [general staff of the chief electoral officer] of the Election Act applies for the purposes of a senate nominee election.
(3) The deputy chief electoral officer may perform the duties and exercise the powers of the chief electoral officer, other than the power to make regulations.
9 Subject to section 2 [application of Election Act – general] of this Act, section 10 (3) and (4) [general staff of the chief electoral officer] of the Election Act applies to authorize the chief electoral officer to retain, on a temporary basis, other persons necessary to enable the chief electoral officer to exercise the powers and perform the duties of the office under this Act.
10 (1) All necessary expenses required for the administration of this Act must be paid out of the general fund of the consolidated revenue fund.
(2) The chief electoral officer must approve all amounts to be paid under the authority of this section, with this approval authority subject to any regulations of the Lieutenant Governor in Council.
(3) The Lieutenant Governor in Council may make regulations for the purpose of subsection (2).
11 (1) After each senate nominee election, the chief electoral officer must present the following to the Speaker:
(a) a report respecting the proceedings, the results and the costs of the senate nominee election;
(b) any recommendation under section 12 (2) (a) [duties and powers of the chief electoral officer] of the Election Act respecting amendments to this Act or another enactment affecting senate nominee election matters;
(c) any report required under section 49 [candidate who incurs senate nominee election expenses over limit] or 50 [candidate who fails to file senate nominee election financing report] respecting a candidate who failed to comply with Part 10 [Senate Nominee Election Financing] of this Act or Part 10 [Election Financing] of the Election Act.
(2) The chief electoral officer may present a special report to the Speaker if, in the chief electoral officer's opinion, the amounts and establishment for the office of the chief electoral officer permitted under section 10 (2), or the services provided by the BC Public Service Agency, are inadequate for fulfilling the duties of the office under this Act.
(3) After receiving a report under subsection (1) or (2),
(a) if the Legislative Assembly is sitting or will be sitting within 10 days, the Speaker must promptly lay the report before the Legislative Assembly, or
(b) if the Legislative Assembly is not sitting or will not be sitting within 10 days, the Speaker must file the report with the Clerk of the Legislative Assembly.
(4) If the office of Speaker is vacant, the report must be filed with the Clerk of the Legislative Assembly.
Division 2 — Senate Nominee Election Officials
12 (1) Subject to section 2 [application of Election Act – general] of this Act and subsection (2) of this section, Divisions 3 [Election Officials] and 4 [Voter Registration Officials] of Part 2 [Election and Other Officials] of the Election Act apply for the purposes of a senate nominee election.
(2) Sections 18 [district electoral officers] and 19 [voting officers and other election officials and staff] of the Election Act do not apply for the purposes of a mail-in senate nominee election.
Part 4 — Calling Senate Nominee Elections
13 (1) The Lieutenant Governor in Council may commence a senate nominee election under this Act by issuing an order in accordance with this section.
(2) An order issued under subsection (1) must do the following:
(a) set whether the senate nominee election is
(i) a senate nominee election to be held in conjunction with a Provincial election, or
(ii) a separate senate nominee election;
(b) if the senate nominee election is a separate senate nominee election, set whether it is
(i) a separate in-person senate nominee election, or
(ii) a mail-in senate nominee election;
(c) set the number of senate nominees to be elected;
(d) set the dates and the times for the start and end of the nomination period for the senate nominee election;
(e) set the date the senate nominee election is called, which must be 50 days or more before the close of voting.
(3) For the purposes of a separate in-person senate nominee election, in addition to the requirements in subsection (2), an order issued under subsection (1)
(a) must set the date of the general voting day, and
(b) may set voting opportunities in addition to general voting day.
(4) For the purposes of a mail-in senate nominee election, in addition to the requirements in subsection (2), an order issued under subsection (1) must
(a) set the date for commencing the distribution of voting packages, and
(b) set the date and time by which the voting packages must be received by the chief electoral officer.
(5) An order issued under subsection (1) may include any further matters prescribed by the Lieutenant Governor in Council.
(6) As soon as possible after the Lieutenant Governor in Council issues an order under subsection (1), the chief electoral officer must arrange for the following to be published in the Gazette:
(a) the dates and times for the start and end of the nomination period for the senate nominee election;
(b) whether the senate nominee election is a senate nominee election held in conjunction with a Provincial election, a separate in-person senate nominee election or a mail-in senate nominee election;
(c) the date and time of the close of voting for the senate nominee election.
(7) For the purposes of this Act, a senate nominee election is called on the date set in subsection (2) (e).
14 (1) Within 8 days after a senate nominee election is called, the chief electoral officer must publish a notice of election in accordance with section 270 [public notice requirements] of the Election Act.
(2) The notice of election in respect of a senate nominee election held in conjunction with a Provincial election and in respect of a separate in-person senate nominee election must include the following:
(a) the dates, times and places at which nominations will be received by the chief electoral officer during the nomination period;
(b) how interested individuals can obtain information on the requirements and procedures for making a nomination;
(c) the dates and voting hours for general voting and any advance voting in the event that a senate nominee election by voting is required;
(d) any other information the chief electoral officer considers should be included.
(3) The notice of election in respect of a mail-in senate nominee election must include the following:
(a) the information described in subsection (2) (a), (b) and (d);
(b) the date and time by which the voting packages must be received by the chief electoral officer.
(4) The notice of election in respect of a senate nominee election held in conjunction with a Provincial election and in respect of a separate in-person senate nominee election must also be posted in the office of the district electoral officer throughout the nomination period.
15 (1) Subject to section 2 [application of Election Act – general] of this Act and subsections (2) and (3) of this section, Part 4 [Voters] of the Election Act applies for the purposes of a senate nominee election.
(2) The following sections of the Election Act do not apply for the purposes of a mail-in senate nominee election:
(a) section 41 [registration in conjunction with voting if identification documents available];
(b) section 41.1 [registration in conjunction with voting if no identification documents];
(c) section 41.2 [challenge of registration].
(3) The closed period in respect of a senate nominee election held in conjunction with a Provincial election begins and ends on the same dates as the closed period for the Provincial election under section 37 [closed period for general registration] of the Election Act.
16 Subject to section 2 [application of Election Act – general] of this Act, the following provisions of the Election Act apply for the purposes of a senate nominee election:
(a) section 53 (2) and (3) [who may make nominations];
(b) section 54 [nomination documents], except subsections (2) (a) and (3) (a) and, instead, the nomination papers must include a signed declaration of each nominator indicating in which electoral district the nominator is a voter;
(c) section 57 (2) to (8), (12) and (13) [standing nominations filed with the chief electoral officer], except that a reference in that section to section 56 [nomination by filing documents with the district electoral officer] of that Act must be read as a reference to section 20 of this Act;
(d) section 58 [changes to nomination documents after filing], except that a reference in that section to section 56 of that Act must be read as a reference to section 20 of this Act;
(e) section 60 (1), (3) and (4) [endorsement of candidate by registered political party].
17 (1) To be qualified for nomination as a candidate for senate nominee, an individual must, on the day the nomination documents are filed,
(a) be a Canadian citizen,
(b) have been a resident of British Columbia for at least 6 months immediately before the individual becomes a candidate,
(c) meet the qualifications for appointment to the Senate of Canada under section 23 of the Constitution Act, 1867,
(d) not be disqualified by this Act or any other enactment from voting in a senate nominee election or from being nominated for or being elected to be a senate nominee, or be otherwise disqualified by law, and
(e) not be a member of the Legislative Assembly or a member of the House of Commons of Canada or of the Senate of Canada.
(2) If a senate nominee election is held in conjunction with a Provincial election, an individual may not be nominated as a candidate in both the senate nominee election and the Provincial election.
18 A nomination must be made by at least 1 000 voters with at least 50 voters in each of at least 20 electoral districts.
19 (1) In order to be effective, a nomination of a candidate for senate nominee must be accompanied by a deposit of $5 000.
(2) A deposit under subsection (1) must be held by the chief electoral officer and be dealt with as follows:
(a) if an individual for whom the deposit is paid is elected, the deposit must be returned to the individual;
(b) if the election financing reports required to be filed under this Act have been filed, within the required timelines, on behalf of an individual for whom the deposit is paid, the deposit must be returned to the individual;
(c) if an individual for whom the deposit is paid withdraws within 48 hours after the filing of the individual's nomination paper, the deposit must be returned to the individual;
(d) if the individual for whom the deposit is paid dies before the close of voting for the senate nominee election, the deposit must be returned to the financial agent of the individual or to another person determined by the chief electoral officer;
(e) in other cases, the deposit is forfeited and is to be paid to the consolidated revenue fund.
20 (1) In order to make a nomination of a candidate for senate nominee, the nomination documents required by section 54 (2) and (3) [nomination documents] of the Election Act must be received by the chief electoral officer between the time the senate nominee election is called and 1 p.m. on the 21st day after the senate nominee election is called.
(2) As exceptions to subsection (1),
(a) if the first day of the nomination period would otherwise fall on a holiday, the nomination period begins at 9 a.m. on the next day that is not a holiday, and
(b) if the end of the nomination period would otherwise fall on a holiday, the nomination period ends at 1 p.m. on the next day that is not a holiday.
(3) Times referred to in this section are Pacific Standard time or Pacific Daylight time, as applicable.
(4) The obligation to ensure that nomination documents are received in accordance with this section rests with the individual nominated.
21 (1) Nomination documents filed under section 20 must be available for public inspection at the office of the chief electoral officer during its regular office hours until one year after the declaration of the results of the relevant senate nominee election under section 39 [declaration of official election results].
(2) A copy of the required disclosure under the Financial Disclosure Act must be made available by the chief electoral officer for the purposes of subsection (1) of this section.
22 A registered political party may only endorse a number of candidates that is less than or equal to the number of senate nominees to be elected set in an order under section 13 [calling senate nominee election].
23 (1) Immediately following the end of the nomination period, the chief electoral officer must publicly declare the following:
(a) that the nomination period for the senate nominee election is closed;
(b) that the individuals whose nomination documents have been accepted for filing are candidates in the senate nominee election, subject only to a court order under section 66 [challenge of candidate] of the Election Act;
(c) the names of the individuals who are candidates in the senate nominee election;
(d) if there are more candidates than the number of senate nominees to be elected set in an order under section 13 [calling senate nominee election] of this Act, that a senate nominee election by voting is to be held in accordance with the order under section 13;
(e) if the number of candidates nominated is less than or equal to the number of senate nominees to be elected set in an order under section 13, that the candidate is, or candidates are, as applicable, elected as senate nominees by acclamation.
(2) The chief electoral officer must deliver a certified list of the candidates declared under subsection (1) to each of those candidates who requests it.
24 (1) As soon as possible after the declaration of an election by voting, the chief electoral officer must publish a notice of election in accordance with section 270 [public notice requirements] of the Election Act.
(2) The notice of election must include the following information:
(a) the names of the candidates in the order and as the names will appear on the ballots;
(b) as applicable, the status of each candidate as the representative of a registered political party or as an independent candidate;
(c) in respect of a senate nominee election held in conjunction with a Provincial election and in respect of a separate in-person senate nominee election, the date, voting hours and voting places for general voting and, if applicable, the dates, voting hours and voting places for advance voting;
(d) in respect of a mail-in senate nominee election, the date for commencing the distribution of voting packages and the date and time by which the voting packages must be received by the chief electoral officer;
(e) the identification requirements for voting and, if applicable, for registering to vote in conjunction with voting;
(f) how an individual may obtain information regarding other opportunities, if any, for voting in the election.
25 Subject to section 2 [application of Election Act – general] of this Act, section 66 [challenge of candidate] of the Election Act applies for the purposes of a senate nominee election.
26 (1) An individual becomes a candidate when all the required nomination documents are accepted for filing and a certificate is issued by the chief electoral officer.
(2) A candidate continues to be a candidate until the following, unless the individual earlier dies or is declared under section 66 [challenge of candidate] of the Election Act to not be a candidate:
(a) a declaration of official election results under section 39 [declaration of official election results] of this Act;
(b) an acclamation under section 23 (1) (e) [declaration of candidates and election] of this Act;
(c) a declaration under section 27 (4) [withdrawal of candidate] of this Act.
27 (1) At any time up until 48 hours before
(a) the start of advance voting, if there is advance voting, or
(b) the start of voting, if there is no advance voting,
a candidate in a senate nominee election held in conjunction with a Provincial election or in a separate in-person senate nominee election may withdraw from the senate nominee election by delivering a signed withdrawal to the chief electoral officer.
(2) At any time up until 48 hours before the date set under section 13 (4) (a) [calling senate nominee election] for commencing the distribution of voting packages, a candidate in a mail-in senate nominee election may withdraw from the senate nominee election by delivering a signed withdrawal to the chief electoral officer.
(3) A candidate's signature on a withdrawal must be witnessed by at least one other individual who must sign the withdrawal as witness.
(4) If only
(a) one candidate remains after a withdrawal, the chief electoral officer must declare the candidate elected as a senate nominee, or
(b) a number of candidates equal to or less than the number of senate nominees to be elected set in an order under section 13 remain after a withdrawal, the chief electoral officer must declare those candidates elected as senate nominees.
28 (1) If a candidate dies before the end of the nomination period, the nomination period ends on whichever of the following is the later:
(a) the end of the nomination period under section 20 [nomination by filing documents with chief electoral officer];
(b) 1 p.m. on the 14th day after the date of death.
(2) If a candidate dies between the end of the nomination period and the close of voting,
(a) if time allows, the candidate's name must be removed from the ballot, and
(b) the death of the candidate is to be treated as a withdrawal of the candidate under section 27.
29 (1) If a document is required or authorized for the purposes of this Act to be served on a candidate, the document is deemed to have been personally served on the candidate if the document is left at the address given in the nomination documents under section 54 (3) (i) [nomination documents] of the Election Act.
(2) If a document or information is required or authorized for the purposes of this Act to be served on or otherwise given to a candidate, giving the document or information to the financial agent of the candidate is deemed to be giving the document or information to the candidate.
Division 3 — Candidate Representatives
30 Subject to section 2 [application of Election Act – general] of this Act, Division 3 [Candidate Representatives] of Part 5 [Candidates] of the Election Act applies for the purposes of a senate nominee election, except that a reference in section 71 [notice of candidate agents] of that Act to section 61 [declaration of candidates and election] of that Act must be read as a reference to section 23 of this Act.
Division 1 — Senate Nominee Election Ballots
31 (1) A ballot must not include any of the following:
(a) an indication that a candidate is holding or has held an elected office;
(b) a candidate's occupation;
(c) an indication of a title, honour, degree or other decoration received or held by a candidate.
(2) Ordinary ballots for a senate nominee election must be prepared in a form prescribed by regulation of the chief electoral officer and must include the following:
(a) the full name of each candidate in the election or, if a candidate specified a different usual name in the nomination documents, this usual name;
(b) in the case of a candidate nominated as a representative of a registered political party, the identification of the political party filed with the chief electoral officer under section 155 (3) (c) [registration of a political party] of the Election Act;
(c) if requested by an independent candidate in his or her nomination documents, an indication that the candidate is independent.
(3) The names of the candidates must be arranged on an ordinary ballot alphabetically by their surnames and, if 2 or more candidates have the same surname, must be arranged alphabetically in order of their first given or usual names to be used on the ballot.
(4) If 2 or more candidates
(a) have the same surnames and given names, or
(b) have names so similar that, in the opinion of the chief electoral officer, the names are likely to cause confusion,
the chief electoral officer may modify the names or include additional information to assist voters to identify the candidates, subject to the restrictions under subsection (1), and may establish their order on the ballot.
(5) Write-in ballots in respect of a senate nominee election held in conjunction with a Provincial election and in respect of a separate in-person senate nominee election must be prepared in a form prescribed by regulation of the chief electoral officer to permit the voter to vote by writing in the name of the candidate for whom the individual wishes to vote.
(6) If a senate nominee election by voting is still required after a candidate withdraws under section 27 [withdrawal of candidate] of this Act or an order is made under section 66 (8) (b) [challenge of candidate] of the Election Act and the ballot papers have been prepared, the chief electoral officer must as soon as possible and, if time allows,
(a) have ballot papers prepared without the name of the individual,
(b) indicate on the ballots that the individual has ceased to be a candidate, or
(c) in respect of a senate nominee election held in conjunction with a Provincial election or a separate in-person senate nominee election, have posted at each voting station a notice that the individual has ceased to be a candidate.
(7) If the ballot papers have been prepared before an order of the court is made under section 66 (8) (c) or (d) of the Election Act, the chief electoral officer must, as soon as possible,
(a) in a senate nominee election held in conjunction with a Provincial election and a separate in-person senate nominee election, notify each district electoral officer, and
(b) if time allows,
(i) have ballot papers prepared in accordance with the order of the court,
(ii) indicate on the ballot, as applicable, the status or usual name of the candidate in accordance with the order of the court, or
(iii) in respect of a senate nominee election held in conjunction with a Provincial election and in respect of a separate in-person senate nominee election, have posted at each voting station a notice of the order of the court.
Division 2 — Senate Nominee Election Held in Conjunction with Provincial
Election and Separate In-Person Senate Nominee Election
32 (1) Subject to section 2 [application of Election Act – general] of this Act, Part 6 [Voting] of the Election Act, except section 86 [ballots], applies for the purposes of a senate nominee election held in conjunction with a Provincial election.
(2) Voters may vote for a number of candidates equal to or less than the number of senate nominees to be elected set in an order under section 13 [calling senate nominee election].
33 (1) A voter who meets the applicable requirements may vote in a separate in-person senate nominee election by one of the following:
(a) general voting under subsection (2) (c) at the general voting opportunity for the voting area in which the individual is resident;
(b) any voting opportunity set in an order under section 13 (3) (b) of this Act.
(2) Subject to section 2 [application of Election Act – general] of this Act, the following provisions of the Election Act apply for the purposes of a separate in-person senate nominee election:
(a) section 73 (a) and (d) (i), (ii) and (iv) [voting opportunities];
(b) section 74 [time off from work for general voting];
(c) section 75 [general voting opportunities for an electoral district];
(d) section 77 [special voting opportunities];
(e) section 79 [notice of voting opportunities];
(f) section 96 [general voting];
(g) section 98 [voting at a special voting opportunity];
(h) section 99 [absentee voting on general voting day in a different voting area];
(i) section 100 [absentee voting at general voting for a different electoral district];
(j) section 108 [special provision of alternative absentee voting packages for armed forces and others];
(k) Divisions 2 [Arrangements for Voting], except section 86 [ballots], 3 [Voting Proceedings] and 6 [Special Circumstances] of Part 6 [Voting].
(3) Voters may vote for a number of candidates equal to or less than the number of senate nominees to be elected set in an order under section 13 [calling senate nominee election].
Division 3 — Mail-In Senate Nominee Election
34 Subject to section 2 [application of Election Act – general] of this Act, the following provisions of the Election Act apply for the purposes of a mail-in senate nominee election:
(a) section 89 [each individual may vote only once in an election];
(b) section 90 [voting to be by secret ballot];
(c) section 91 (1) [how to mark a ballot].
35 (1) The chief electoral officer is responsible for arranging the preparation of ballot papers, certification envelopes and other election materials required for the conduct of voting in a mail-in senate nominee election.
(2) Certification envelopes must be prepared with spaces in which the full name and residential address of the individual voting are to be recorded and with a printed declaration required of the individual who is voting that the individual has not previously voted in the mail-in senate nominee election and will not afterwards vote again in the same election.
(3) For the purposes of a mail-in senate nominee election, voting packages must be prepared containing the following:
(a) a mail-in ballot;
(b) a secrecy envelope;
(c) a certification envelope;
(d) an outer envelope on which is printed the address of the office of the chief electoral officer, to whom the envelopes are to be returned;
(e) instructions on how to vote by alternative absentee voting.
36 (1) For the purposes of a mail-in senate nominee election, the Lieutenant Governor in Council may make regulations respecting procedures for voting, including the following:
(a) establishing, or authorizing the chief electoral officer to establish, time limits relating to voting by mail-in ballots;
(b) respecting how a voter may apply for a voting package;
(c) setting the date and time by which an individual who is not a registered voter must apply to be registered as a voter and request a voting package in order to vote in the mail-in senate nominee election;
(d) establishing how and when a spoiled ballot may be replaced;
(e) respecting individuals who require assistance with voting, including procedures for voting.
(2) In order to be counted for a mail-in senate nominee election, a mail-in ballot must be received by the chief electoral officer before the close of voting, and it is the obligation of the person applying to vote by mail-in ballot to ensure that the mail-in ballot is received by the chief electoral officer within this time limit.
(3) Voters may vote for a number of candidates equal to or less than the number of senate nominees to be elected set in an order under section 13 [calling senate nominee election].
37 (1) Subject to section 2 [application of Election Act – general] of this Act and subsection (2) of this section, Part 7 [Counting of the Vote] of the Election Act applies for the purposes of a senate nominee election held in conjunction with a Provincial election and for the purposes of a separate in-person senate nominee election, except the following sections:
(a) section 123 (1) (d) and (3) (b) [rules for accepting and rejecting ballots];
(b) section 136 (1) (b) (ii) [recount by district electoral officer of ballots considered in initial count];
(c) section 137 [declaration of official election results];
(d) section 139 (5) [application for judicial recount by Supreme Court];
(e) section 146 [return of the writ of election];
(f) section 148 [by-election if tie vote].
(2) Provisions in Part 7 of the Election Act in respect of voting opportunities other than under section 96 [general voting] of that Act apply for the purposes of a separate in-person senate nominee election only if the Lieutenant Governor in Council has set additional voting opportunities in an order under section 13 [calling senate nominee election] of this Act.
(3) In addition to the reasons set out in section 123 (1) of the Election Act, a ballot must be rejected if the ballot is marked as voting for more candidates than the number of senate nominees to be elected set in an order under section 13 of this Act.
(4) At the conclusion of the final count,
(a) the district electoral officers must forward to the chief electoral officer the results of the final count as determined under section 132 [proceedings on final count] of the Election Act, and
(b) the chief electoral officer must tabulate the results of the final count received under paragraph (a) of this subsection.
38 (1) Subject to section 2 [application of Election Act – general] of this Act, the following provisions of the Election Act apply for the purposes of a mail-in senate nominee election:
(a) section 134 [consideration of certification envelopes];
(b) section 135 [consideration of ballots from certification envelopes];
(c) Division 3 [Judicial Recount] of Part 7 [Counting of the Vote], except section 139 (5) [application for judicial recount by Supreme Court].
(2) The only individuals who may be present at a place where counting proceedings are being conducted are the following:
(a) senate nominee election officials;
(b) candidates;
(c) one candidate representative of each candidate;
(d) if ballots have been divided for the purposes of having different senate nominee election officials counting at the same time, one additional candidate representative of each candidate for each set of ballots being counted;
(e) individuals authorized to be present by the chief electoral officer.
(3) The chief electoral officer must tabulate the results of the count under subsection (1).
39 (1) Once the chief electoral officer has tabulated the results under section 37 (4) or 38 (3), as applicable, the chief electoral officer must declare the official election results in accordance with this section.
(2) The chief electoral officer must declare the following:
(a) the results tabulated under section 37 (4) or 38 (3);
(b) the election as a senate nominee of the candidate who received the highest number of votes or, if the order under section 13 [calling senate nominee election] sets a number of senate nominees to be elected greater than one, the election as senate nominees of as many candidates who received the highest number of votes as the number of senate nominees to be elected set in the order;
(c) if
(i) the number of senate nominees to be elected set in the order under section 13 cannot be declared elected because there is an equality of votes for 2 or more candidates, or
(ii) the difference between the votes received by a candidate declared elected and the candidate with the next highest number of votes is fewer than 200 votes,
that the election as senate nominees of one or more candidates is subject to a required judicial recount.
(3) The results and election as declared under subsection (1) are final subject only to a judicial recount under Division 3 [Judicial Recount] of Part 7 [Counting of the Vote] of the Election Act or a declaration under Part 8 [Invalid Elections] of that Act.
(4) If, after a judicial recount, the number of senate nominees to be elected set in the order under section 13 cannot be declared elected because there is an equality of votes for 2 or more candidates, the chief electoral officer must declare elected as senate nominees the candidates who have an equal number of votes.
40 Subject to sections 2 [application of Election Act – general] and 41 of this Act, Part 8 [Invalid Elections] of the Election Act applies for the purposes of a senate nominee election.
41 (1) For the purposes of section 150 (3) (a) [application to court] of the Election Act, the time limit for making an application is as follows:
(a) 3 months after the date of the contravention;
(b) 30 days after the date the official election results are declared under section 39 of this Act;
(c) 30 days after the outcome of a judicial recount.
(2) For the purposes of section 150 (3) (b) of the Election Act, the time limit for making an application is as follows:
(a) 30 days after the date the official election results are declared under section 39 of this Act;
(b) 30 days after the outcome of a judicial recount.
Part 10 — Senate Nominee Election Financing
42 (1) Subject to section 2 [application of Election Act – general] of this Act and subsections (2) and (3) of this section, Part 10 [Election Financing] of the Election Act, insofar as it applies to a candidate in a Provincial election, applies to a candidate in a senate nominee election.
(2) Section 183 [election expenses] of the Election Act applies for the purposes of a senate nominee election only in respect of the campaign period.
(3) The following provisions of the Election Act do not apply for the purposes of a senate nominee election:
(a) section 176 (1) (d) [appointment of financial agent];
(b) section 199 [election expenses limit for candidates];
(c) section 201 [political party expenses on behalf of candidate];
(d) section 204 [limits and adjustment to reflect changes in consumer price index];
(e) section 211 [leadership contestant financing reports];
(f) section 217 [candidate who incurs election expenses over limit];
(g) section 221 [candidate who fails to file election financing report];
(h) section 224 [deregistration of political party for failure of candidates to file election financing reports];
(i) section 226 [false or misleading reports in relation to candidates and leadership contestants].
43 In addition to the individuals listed in section 176 (1) (a) to (c) [appointment of financial agent] of the Election Act, an individual who, at any time within the previous 7 years, has been convicted of an offence under this Act, the Election Act or the Recall and Initiative Act, is disqualified from acting as financial agent in a senate nominee election.
44 (1) In relation to a senate nominee election, a registered political party may incur an election expense only
(a) for the primary purpose of promoting the election of a particular candidate in a senate nominee election, and
(b) by first obtaining the written approval of the financial agent of the candidate.
(2) If a registered political party incurs an election expense for the primary purpose of promoting the election of a particular candidate in a senate nominee election, the election expense is deemed to be an election expense incurred on behalf of the candidate.
(3) An election expense to which subsection (2) applies must be included in the election expenses of the candidate on whose behalf the election expense is deemed to have been incurred.
45 (1) The total value of senate nominee election expenses incurred by a candidate during the campaign period must not exceed $250 000.
(2) An expense incurred by a registered political party for the primary purpose of promoting the election of a particular candidate in a senate nominee election is part of the expense limit set out in subsection (1).
46 Subject to section 47, a registered political party that incurs an election expense
(a) for a purpose other than the purpose of promoting the election of a particular candidate in a senate nominee election, or
(b) without first obtaining the written approval of the financial agent of the candidate
must pay to the chief electoral officer a penalty of double the amount of the election expense incurred.
47 (1) A registered political party may apply to the Supreme Court in accordance with this section for relief from a penalty under section 46.
(2) An application under subsection (1) may be made only within 120 days after close of voting for the senate nominee election in relation to which the election expense was incurred.
(3) The petition commencing an application must be served on the chief electoral officer within 7 days after the petition is filed, and the chief electoral officer is a party to the application.
(4) On the hearing of an application, the court may
(a) grant relief from a penalty if the court considers that, in relation to the non-compliance, the registered political party acted in good faith, or
(b) refuse to grant relief from a penalty.
48 (1) In respect of each senate nominee election called after January 1, 2014, the chief electoral officer must establish, on or before the end of the nomination period, the applicable election expense limit amounts for the election by
(a) determining the ratio between the consumer price index at January 1, 2014 and the consumer price index at the beginning of the campaign period, and
(b) applying the ratio to adjust the amount under section 45 [senate nominee election expense limit for candidates].
(2) The chief electoral officer must
(a) have notice of adjusted amounts under this section published in the Gazette, and
(b) give notice of adjusted amounts to the candidates in the senate nominee election and the registered political parties represented by those candidates.
(3) For the purpose of making an adjustment under this section, the chief electoral officer has the discretion to determine whether to use a consumer price index prepared by the director under the Statistics Act (British Columbia) or published by Statistics Canada under the Statistics Act (Canada) and to determine which consumer price index is applicable for a particular time.
49 (1) Unless relief is granted by a court under section 219 [court order for relief from election expenses limits] of the Election Act, a candidate whose election expenses exceed the senate nominee election expense limit set out in section 45 [senate nominee election expense limit for candidates] of this Act is subject to the following penalties:
(a) in the case of a candidate who is declared elected as a senate nominee, the senate nominee ceases to be a senate nominee at the applicable time under subsection (3) of this section;
(b) in all cases, the candidate must pay to the chief electoral officer a penalty of double the amount by which the senate nominee election expenses exceed the limit.
(2) The chief electoral officer must present a report to the Speaker respecting the senate nominee who may be subject to a penalty under subsection (1) (a) as soon as possible after the applicable report is filed for the candidate.
(3) A senate nominee referred to in subsection (1) (a) ceases to be a senate nominee as follows:
(a) if no application under section 219 of the Election Act is made in respect of the senate nominee, at the end of the period for making the application;
(b) if, on the final determination of an application under section 219 of the Election Act the court refuses to grant relief from the penalty, at the time of that determination.
50 (1) Unless relief is granted by a court on an application under section 225 [court order for relief from filing obligations] of the Election Act commenced before the end of the late filing period under section 220 (5) [late filing of required reports] of that Act, a candidate whose senate nominee election financing report is not filed with the chief electoral officer under section 209 [election financing reports by candidates] of that Act before the end of that period is subject to the following penalties:
(a) in the case of a candidate who is declared elected as a senate nominee, the senate nominee ceases to be a senate nominee at the applicable time under subsection (4) of this section;
(b) in all cases, unless the candidate complies with subsection (2), at the applicable time under subsection (4) the candidate
(i) is disqualified from being nominated or being elected a senate nominee until after the next senate nominee election and from being nominated, being elected or holding office as a member of the Legislative Assembly until after the next Provincial election after the applicable time under subsection (4),
(ii) forfeits the nomination deposit and the deposit is to be paid to the consolidated revenue fund, and
(iii) must pay a penalty of $10 000.
(2) A candidate referred to in subsection (1) (b) is not disqualified under that subsection if, before the candidate is nominated, the outstanding election financing report is filed with the chief electoral officer and a late filing penalty of $10 000 is paid to the chief electoral officer.
(3) The chief electoral officer must present a report to the Speaker respecting the senate nominee who may be subject to a penalty under subsection (1) (a) as soon as possible after the end of the late filing period referred to in subsection (1).
(4) A candidate becomes subject to the penalties under subsection (1) as follows:
(a) if no application under section 225 of the Election Act is commenced in respect of the candidate before the end of the late filing period under section 220 (5) of that Act, at the end of that period;
(b) if, on the final determination of an application under section 225 of the Election Act commenced before the end of the late filing period under section 220 (5) of that Act the court refuses to grant relief from the penalty, at the time of that determination.
51 (1) If a candidate is convicted under section 266 (1) or (2) [offences in relation to false or misleading information] of the Election Act in relation to a report under this Part, the candidate is subject to the following penalties:
(a) in the case of a candidate who is declared elected as a senate nominee, the senate nominee ceases to be a senate nominee at the applicable time under subsection (3) of this section;
(b) in all cases, from the applicable time under subsection (3), the candidate is disqualified from being nominated or being elected a senate nominee until after the next senate nominee election and from being nominated, being elected or holding office as a member of the Legislative Assembly until after the next Provincial election after the applicable time under subsection (3).
(2) The chief electoral officer must present a report to the Speaker respecting the senate nominee who may be subject to a penalty under subsection (1) as soon as possible after the conviction to which the penalty relates.
(3) A candidate becomes subject to the penalties under subsection (1) as follows:
(a) if no appeal of the conviction is made, at the end of the period for making the appeal;
(b) if the conviction is upheld on its final determination on appeal, at the time of that determination.
Part 11 — Senate Nominee Election Communication
52 Subject to section 2 [application of Election Act – general] of this Act, Divisions 1 [General], except section 228 [election advertising], 3 [Registration of Sponsors] and 4 [Disclosure of Independent Election Advertising] of Part 11 [Election Communications] of the Election Act apply for the purposes of a senate nominee election.
53 In respect of a senate nominee election, an individual or organization, other than a candidate or a registered political party who has endorsed a candidate, must not sponsor, directly or indirectly, senate nominee election advertising during the campaign period
(a) such that the total value of that senate nominee election advertising is greater than $50 000, or
(b) in combination with one or more individuals or organizations, or both, such that the total value of senate nominee election advertising sponsored by those individuals and organizations is greater than $50 000.
54 (1) Unless relief is granted by a court under section 55, if a sponsor exceeds a senate nominee election advertising limit, the sponsor
(a) is deregistered as a sponsor in respect of a senate nominee election and is not entitled to be reregistered as a sponsor in respect of a senate nominee election until after the next senate nominee election, and
(b) must pay to the chief electoral officer a penalty of 10 times the amount by which the value of the senate nominee election advertising sponsored by the sponsor exceeds the limit.
(2) In the case of a sponsor that is an unincorporated organization, the members of the organization are jointly and severally liable to pay the penalty under subsection (1) (b).
(3) A penalty referred to in subsection (1) is effective as follows:
(a) if no application under section 55 is made in respect of the sponsor, at the end of the period for making the application;
(b) if, on the final determination of an application under section 55 the court refuses to grant relief from the penalty, at the time of that determination.
55 (1) A sponsor may apply to the Supreme Court in accordance with this section for relief from penalties under section 54.
(2) An application under subsection (1) may be made only within 120 days after close of voting for the senate nominee election in relation to which the senate nominee election advertising limit was exceeded.
(3) The petition commencing an application must be served on the chief electoral officer within 7 days after the petition is filed, and the chief electoral officer is a party to the application.
(4) On the hearing of an application, the court may
(a) grant relief from a penalty if the court considers that, in relation to the non-compliance, the sponsor acted in good faith, or
(b) refuse to grant relief from the penalty.
56 A registered sponsor ceases to be a registered sponsor in respect of a senate nominee election when the chief electoral officer notifies the sponsor that all of the filing requirements in respect of a senate nominee election advertising disclosure report have been met.
57 Despite sections 194 (3) [restrictions on who may incur equivalent to election expenses] and 239 (3) [election advertising sponsors must be registered] of the Election Act, a registered political party that has not nominated a candidate for a senate nominee election may register as a sponsor for a senate nominee election.
58 Subject to section 2 [application of Election Act – general] of this Act, Part 12 [Offences] of the Election Act, except section 262 (1) (b), (c) and (d) [offences in relation to the registration of political parties and constituency associations], applies for the purposes of a senate nominee election.
59 Subject to section 2 [application of Election Act – general] of this Act, Part 13 [General] of the Election Act, except sections 282 [plebiscites on matters of public concern] and 283 [regulations of the chief electoral officer], applies for the purposes of a senate nominee election.
60 In addition to making regulations under the provisions of the Election Act that apply under this Act for the purposes of a senate nominee election, the chief electoral officer may make regulations for the purposes of a senate nominee election as follows:
(a) prescribing forms for the purposes of this Act and information that may be included or requested on the forms, including prescribing forms for the purposes of section 31 [ballots];
(b) prescribing information that must be included in an application for registration as a voter, in an application for updating voter registration information or on a certificate envelope used for voting;
(c) prescribing what is to be included in a voting package for the purposes of a mail-in senate nominee election;
(d) establishing higher amounts than those specified in this Act, where these higher amounts are contemplated by this Act.
61 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting any matter for which regulations by the Lieutenant Governor in Council are contemplated by this Act.
(3) The authority to make regulations under another provision of this Act does not limit subsection (1) or (2).
(4) Without limiting subsection (1) or (2), the Lieutenant Governor in Council may make regulations as follows:
(a) providing that specified provisions of the Election Act apply in relation to a senate nominee election;
(b) providing an exception to or a modification of a provision of the Election Act made applicable under this Act to a senate nominee election;
(c) prescribing the modifications necessary or advisable for applying the Election Act for the purposes of a senate nominee election;
(d) defining words and expressions used but not defined in this Act.
(5) The Lieutenant Governor in Council may make regulations for transitional matters with respect to any matter inadequately provided for or not provided for as a result of the enactment of this Act.
(6) In making a regulation under this Act, the Lieutenant Governor in Council may do one or more of the following:
(a) delegate a matter to a person;
(b) confer a discretion on a person;
(c) make different regulations for different senate nominee elections, persons, circumstances, places or things or classes of senate nominee elections, persons, circumstances, places or things.
62 This Act is repealed on the date 8 years after the date on which a candidate is declared elected as a senate nominee in the first senate nominee election held after this Act comes into force, or on a later date prescribed by regulation of the Lieutenant Governor in Council.
Part 14 — Consequential Amendments
63 Section 2 of the Financial Disclosure Act, R.S.B.C. 1996, c. 139, is amended by adding the following subsection:
(1.1) A person who accepts a nomination for election as a senate nominee must make a written disclosure and file it with the person's nomination papers.
64 The following section is added:
3.1 (1) In this section, "chief electoral officer" has the same meaning as in section 1 (1) of the Senate Nominee Election Act.
(2) A written disclosure made by a candidate in a senate nominee election must be filed in the prescribed form with the chief electoral officer and must specify all of the following:
(a) the name of each corporation in which the candidate or a trustee for the candidate holds one or more shares;
(b) the name of each business situated or carrying on business in British Columbia and financially remunerating the candidate as an owner, part owner, trustee or partner;
(c) the name of each business located or carrying on business in British Columbia and financially remunerating the candidate for services performed by the candidate as an employee;
(d) the name of each organization located in British Columbia and financially remunerating the candidate for an office held by the candidate that is not disclosed under paragraph (b) or (c);
(e) the name of the creditor for each debt of the candidate;
(f) a description and location of land located in British Columbia in which the candidate, or a trustee for the candidate, owns an interest or has an agreement entitling him or her to acquire an interest.
65 Section 12 is amended by renumbering the section as section 12 (1) and by adding the following subsection:
(2) The Lieutenant Governor in Council may repeal sections 2 (1.1) and 3.1 by regulation.
66 Section 4.2 (3) of the Income Tax Act, R.S.B.C. 1996, c. 215, is amended by adding ", 20.1" after "20".
67 Section 4.2 (3) is amended by striking out ", 20.1".
68 Section 4.7 is amended in the description of "B" by adding ", 20.1" after "20".
69 Section 4.7 is amended in the description of "B" by striking out ", 20.1".
70 Section 4.79 (3) is amended by adding the following paragraph:
(e.1) section 20.1 [political contributions – senate nominee elections]; .
71 Section 18.1 is amended adding the following paragraph:
(e.1) section 20.1 [political contributions – senate nominee elections]; .
72 The following section is added:
20.1 (1) In this section:
"candidate" means an individual who is a candidate within the meaning of section 26 of the Senate Nominee Election Act;
"eligible senate nominee election political contribution" means a political contribution, as defined in the Election Act and applied to a senate nominee election under the Senate Nominee Election Act, that is made
(a) by a taxpayer to a candidate, and
(b) in the form of cash or a negotiable instrument issued by the person making the contribution, or by means of a credit card in the name of the person making the contribution,
but does not include a political contribution that is made in contravention of the Senate Nominee Election Act;
"financial agent" means a financial agent or deputy financial agent under Part 10 of the Senate Nominee Election Act for a candidate.
(2) Subject to this section, there may be deducted from the tax otherwise payable by a taxpayer under this Part for a taxation year, in respect of the aggregate of all amounts each of which is an eligible senate nominee election political contribution, whichever of the following is applicable:
(a) 75% of the aggregate, if the aggregate does not exceed $100;
(b) $75 plus 50% of the amount by which the aggregate exceeds $100, if the aggregate exceeds $100 and does not exceed $550;
(c) the smaller of
(i) $300 plus 33 1/3% of the amount by which the aggregate exceeds $550, and
(ii) $500.
(3) To make a deduction under subsection (2), payment of each eligible senate nominee election political contribution that is included in the aggregate must be proved by filing with the minister receipts
(a) that include the prescribed information,
(b) that are signed by the financial agent to whom the contribution is made, and
(c) that, if applicable, are in the prescribed form.
(4) If a person was a member of a partnership at the end of a taxation year of the partnership, the person's share of any amount contributed by the partnership in that taxation year that would, if the partnership were a person, be an eligible senate nominee election political contribution under this section is deemed for the purposes of this section to be an amount contributed by the taxpayer in the taxpayer's taxation year in which the taxation year of the partnership ended.
(5) Sections 58 and 59 apply to a financial agent as if that person were carrying on business in British Columbia.
(6) Without limiting authority under any other enactment, the Commissioner of Income Tax, or a person authorized by that official, is entitled to inspect and make copies or extracts of
(a) all information filed under the Senate Nominee Election Act with the Chief Electoral Officer, and
(b) all records in relation to political contributions required to be kept under the Senate Nominee Election Act or made for the purpose of complying with a requirement under that Act to file information regarding political contributions with the Chief Electoral Officer.
(7) Without limiting authority under any other enactment, the Chief Electoral Officer is entitled to inspect and make copies or extracts of all information filed under this Act in relation to eligible senate nominee election political contributions.
(8) The Lieutenant Governor in Council may make regulations for the purposes of this section as follows:
(a) prescribing the information that must be included in a receipt;
(b) prescribing a form of receipt that must be used by candidates;
(c) requiring the keeping of records and return of receipts;
(d) restricting or qualifying the meaning of “eligible senate nominee election political contribution”;
(e) repealing this section and, when repealing this section, repealing sections 4.79 (3) (e.1) and 18.1 (e.1).
(9) This section and sections 4.79 (3) (e.1) and 18.1 (e.1) of this Act are repealed on the date that the Senate Nominee Election Act is repealed under section 62 of that Act or a regulation under that section.
73 This Act comes into force by regulation of the Lieutenant Governor in Council.
This Bill provides for the election of senate nominees, the names of whom will be included on a senate nominee list. The government of British Columbia will submit names from the senate nominee list to the Prime Minister of Canada as individuals who are recommended to be summoned to the Senate of Canada for the purpose of filling vacancies in respect of British Columbia.