BILL 7 – 2008
LOCAL GOVERNMENT STATUTES AMENDMENT ACT, 2008
HER
MAJESTY, by and with the advice and consent of the Legislative Assembly
of the Province of British Columbia, enacts as follows:
Part 1
— Local Elections Amendments
Local
Government Act
1
Section 33 of the Local Government Act, R.S.B.C. 1996, c. 323, is
amended by repealing the definition of "financial agent"
and substituting the following:
"financial
agent" means a financial agent under section 85 [financial
agent required for candidates, elector organizations and campaign
organizers]; .
2
Section 57.1 (1) (c) is repealed and the following substituted:
(c)
providing to that official the materials described in section 55 (4).
3
Section 58 is repealed.
4
Section 62 is amended by adding the following subsection:
(10)
Despite section 95 (3) of the Community Charter
and section 27 (7) of the Interpretation Act, a
person who is entitled to inspect a copy of the list of registered
electors under subsection (3) of this section is not entitled to obtain
a copy of the list.
5
Section 71 is repealed and the following substituted:
Nomination of candidates
71
(1) A nomination for office as a member of a local government must be
made in accordance with section 72, separately for each candidate,
(a) by
at least 2 qualified nominators of the jurisdiction for which the
person is nominated, or
(b) if
a bylaw under subsection (2) applies, by at least the minimum number of
such persons as set by the bylaw.
(2) A
local government may, by bylaw,
(a) in
relation to any jurisdiction, set the minimum number of qualified
nominators at 10, or
(b) in
relation to a jurisdiction with a population of 5 000 or more,
set the minimum number of qualified nominators at 25.
(3) In
order to be qualified as a nominator, a person
(a)
must be an elector of the jurisdiction for which the nomination is
made, and
(b) in
the case of a nomination for an office to be filled on a neighbourhood
constituency basis, must also be qualified as a resident elector or
non-resident property elector in relation to the area of the
neighbourhood constituency.
(4) A
person may subscribe as nominator to as many nomination documents as,
but not more than, the number of persons who are to be elected to fill
the office for which the election is being held.
(5) Even
if one or more of the nominators is not qualified in accordance with
this section, a nomination is valid as long as the nomination is made
by at least the minimum number of qualified nominators.
6
Section 72 (2) (b) is amended by striking out "and"
at the end of subparagraph (i), by adding ",
and" at the end of subparagraph (ii) and by
adding the following subparagraph:
(iii)
that the person fully intends to accept the office if
elected; .
7
Section 73 (6), (7) and (8) is repealed and the following substituted:
(6)
Nomination documents delivered to the chief election officer
(a)
must be available for public inspection in the local government offices
during its regular office hours from the time of delivery until 30 days
after the declaration of the election results under section 136, and
(b) if
a bylaw under subsection (7) applies, must be made available to the
public in accordance with the bylaw.
(7) A
local government may, by bylaw, provide for public access to nomination
documents, during all or part of the period referred to in subsection
(6) (a), in any manner the local government considers appropriate,
including by the Internet or other electronic means.
(8) A
person who inspects or otherwise accesses nomination documents under
this section must not use the information included in them except for
the purposes of this Act.
8
Section 77 (2) (c.2) is repealed.
9
Section 83 is amended
(a)
by adding the following definitions:
"campaign
account" means an account for a candidate, elector
organization or campaign organizer that is required under section 85.1
(1);
"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;
"money"
includes cash, a negotiable instrument and a payment by means of a
credit card; ,
(b)
by repealing the definition of "campaign contribution"
and substituting the following:
"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; , and
(c)
in the definition of "election expense" by
striking out "by or on behalf of a candidate
or by or on behalf of an elector organization,"
and substituting "by or on behalf of a
candidate, elector organization or campaign organizer,".
10
Section 84 is repealed and the following substituted:
Election campaign
84
(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 in a municipality or regional district 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 in a municipality or regional district 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.
11
Section 85 is repealed and the following substituted:
Financial agent required
for candidates, elector
organizations and campaign organizers
85
(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 or the
chief election officer is appointed, whichever occurs later;
(b) in
the case of a financial agent for a campaign organizer, no later than
the time when the information referred to in section 85.01 (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.
12
The following section is added:
Information to be provided
to chief election officer
85.01
(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 74 [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 156.
(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 or after the
chief election officer is appointed, whichever is later:
(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 156.
(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.
13
Section 85.1 is repealed and the following substituted:
Campaign accounts
85.1
(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.
14
Section 86 (1) is repealed and the following substituted:
(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.
15
Section 87 is amended
(a)
by repealing subsection (1) (a) and (d) and substituting 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;
(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 in a regional district or
municipality if, in total, the campaign contributions would be equal in
value to more than $50; , and
(b)
by repealing subsection (2) and substituting the following:
(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 municipality or
regional district for which the election is being held for the use of
that municipality or regional district in the discretion of its local
government.
16
Section 88 (1) and (5) is amended by striking out "candidate
or elector organization" and substituting "candidate,
elector organization or campaign organizer".
17
Section 89 (1), (2) (d), (4) and (5) is amended by striking out "candidate
or elector organization" and substituting "candidate,
elector organization or campaign organizer".
18
Section 90 is amended
(a)
by repealing subsections (1) and (2) and substituting the
following:
(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 74,
(b)
each elector organization, and
(c)
each campaign organizer subject to the requirement under section 85.01
(3) [information to be provided to chief election officer]
must file
with the designated local government officer 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. ,
(b)
in subsection (4) by striking out "candidate
or elector organization:" and substituting "candidate,
elector organization or campaign organizer:",
(c)
in subsection (4) by adding the following paragraphs:
(i.1)
the name and address of the savings institution for the accounts
required under section 85.1 [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; ,
(d)
by adding the following subsection:
(4.1)
The requirements of subsection (4) (i.2) and (i.3) apply even if a
withdrawal under section 79 (6) [ballot showing candidate
endorsement by elector organization] was
made by the elector organization or by the candidate. ,
(e)
in subsection (5) by striking out "candidate
or elector organization," and substituting "candidate,
elector organization or campaign organizer,",
and
(f)
by repealing subsection (6) and substituting the following:
(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 85.01 [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 85.01 [information
to be provided to chief election officer].
19
Section 90.1 is amended
(a)
in subsection (1) by striking out "candidate
or elector organization" and substituting "candidate,
elector organization or campaign organizer",
and
(b)
by repealing subsection (3) and substituting the following:
(3) A
supplementary report under this section must be accompanied by solemn
declarations of the persons referred to in section 90 (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.
20
Section 90.2 is amended
(a)
by striking out "The disqualifications"
and substituting "The penalties",
and
(b)
by striking out "candidate or elector
organization" wherever it appears and
substituting "candidate, elector organization
or campaign organizer".
21
Section 91 (1) and (5) (a) is amended by striking out "candidate
or elector organization" and substituting "candidate,
elector organization or campaign organizer".
22
Section 92.1 is repealed and the following substituted:
Disqualification of elector
organization or campaign
organizer for failure to file
92.1
(1) Unless a court order under section 91 [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 79 of this Act,
section 51 of the Vancouver Charter, 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 91 is commenced, at the end of the late
filing period;
(b) if
an application under section 91 is commenced but the matter is not set
for hearing in accordance with section 91 (4), 15 days after the
petition was filed;
(c) if,
on an application under section 91, 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 91, 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.
23
Section 92.2 (1) is repealed and the following substituted:
(1)
Reports respecting the following must be presented at an open meeting
of the local government of the municipality or regional district in
relation to which the election was held:
(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 90 (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 92 [disqualification
for failure to file] or any elector organization or
campaign organizer that is subject to a penalty under section 92.1 [disqualification
for failure to file].
24
Section 92.5 is repealed and the following substituted:
Disqualification of elector
organization or campaign
organizer for false or incomplete reports
92.5
(1) Subject to subsection (3) and any relief in relation to the
applicable requirements that is provided by court order under section
91, if
(a) a
disclosure statement for an elector organization or campaign organizer
does not comply with the requirements of section 90 (4), or
(b) a
supplementary report for an elector organization or campaign organizer
does not comply with the requirements of section 90.1 (2),
the
elector organization or campaign organizer
(c) is
disqualified from endorsing a candidate under section 79 of this Act or
section 51 of the Vancouver Charter, 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.
25
Section 93 is repealed and the following substituted:
Disclosure statements and
supplementary reports
to be available for public inspection
93
(1) The disclosure statements and signed declarations under section 90
and the supplementary reports and signed declarations under section 90.1
(a)
must be available for public inspection in the local government offices
during their 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 bylaw under subsection (2) of this section applies, must be made
available to the public in accordance with the bylaw.
(2) A
local government may, by bylaw, 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 local government
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)
Division 6 [Conflict of Interest] or Division 7 [Disqualification]
of Part 4 of the Community Charter;
(c)
sections 141, 142.1 to 142.3 and 145.2 to 145.92 of the Vancouver
Charter.
26
Section 97 is amended
(a)
by repealing subsection (1), and
(b)
in subsection (6) by adding "and"
at the end of paragraph (a), by striking out ", and"
at the end of paragraph (b) and by repealing paragraph (c).
27
Section 98 (2) is repealed.
28
Section 100 is amended
(a)
by repealing subsection (2) and substituting the following:
(2) For
a municipality, the only electors who may vote by mail ballot are
(a)
persons who have a physical disability, illness or injury that affects
their ability to vote at another voting opportunity, and
(b)
persons who expect to be absent from the municipality on general voting
day and at the times of all advance voting opportunities. , and
(b)
in subsection (3) by striking out "and"
at the end of paragraph (a), by adding ", and"
at the end of paragraph (b) and by adding the following paragraph:
(c)
persons who expect to be absent from the regional district on general
voting day and at the times of all advance voting opportunities.
29
Section 115 (2) (a) is repealed.
30
Section 150 is amended
(a)
by repealing subsection (3) (a),
(b)
in subsection (4) by striking out "of
this Act." and substituting "of
this Part.", and
(c)
by adding the following subsections:
(5.1) A
person who inspects materials referred to in subsection (3) must not
use the information in them except for the purposes of this Part.
(5.2)
Despite section 95 (3) of the Community Charter
and section 27 (7) of the Interpretation Act, a
person who is entitled to inspect the materials referred to in
subsection (3) of this section is not entitled to obtain a copy of
those materials.
31
Section 152.1 is amended
(a)
in subsection (1) by repealing the definition of "election
advertising" and substituting the following:
"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; ,
(b)
in subsection (1) in the definition of "sponsor"
by striking out "candidate or elector
organization" and substituting "candidate,
elector organization or campaign organizer",
and
(c)
in subsections (2) and (3) by striking out "person"
and substituting "person or unincorporated
organization".
32
Section 153 is amended
(a)
by repealing subsection (4) (b) and (c) and substituting the
following:
(b)
carry, wear or supply a flag, badge or other thing indicating that the
person using it is a supporter of a particular candidate, elector
organization or campaign organizer;
(c)
display or distribute a sign, a document or other material regarding a
candidate, elector organization or campaign organizer, except as
authorized by the chief election officer; ,
(b)
by repealing subsection (5) and substituting the following:
(5) In
relation to Division 8 [Campaign Financing] of
this Part, a person must not contravene any of the following:
(a)
section 85 [financial agent required];
(b)
section 85.1 [campaign accounts];
(c)
section 86 [restrictions on contributions and expenses];
(d)
section 87 [restrictions on making campaign contributions];
(e)
section 89.1 (4) [transfer of candidate's surplus];
(f)
section 90 [duty to file disclosure statement];
(g)
section 90.1 [duty to file supplementary reports]. , and
(c)
by repealing subsection (6) (c) and substituting the following:
(c)
inspect or access under this Part
(i)
a list of registered electors,
(ii)
nomination documents,
(iii)
disclosure statements or supplementary reports, or
(iv)
other election materials referred to in section 133,
or use
the information from any of them, except for purposes authorized under
this Act; .
33
Section 154 is amended
(a)
in subsection (2) by striking out "A
person" and substituting "A
person or unincorporated organization", and
(b)
by repealing subsection (4) and substituting the following:
(4) A
person or unincorporated organization is not guilty of an offence under
this Part if the person or organization exercised due diligence to
prevent the commission of the offence.
34
Section 156 (2) is amended by adding the following paragraph:
(d.1)
prescribing information that must be provided to the chief election
officer under section 85.01 [information to be provided to
chief election officer]; .
School
Act
35
Section 43 (3) (b) of the School Act, R.S.B.C. 1996, c. 412, is
repealed and the following substituted:
(b) in
the case of a person applying to register as a non-resident property
elector, providing to the election official responsible at the place
where the person is voting
(i)
the address or legal description of the real property in relation to
which the person is registering,
(ii)
proof satisfactory to that official that the person is entitled to
register in relation to that real property, and
(iii)
if applicable, the written consent from the other registered
owners of that real property required by section 41 (6).
36
Section 44 is repealed.
37
Section 48 (1) is repealed and the following substituted:
(1) A
person who contravenes section 151, 152 or 153 of the Local
Government Act or section 123, 124 or 125 of the Vancouver
Charter, as those sections apply to a trustee election,
commits an offence and is liable to the applicable penalties under
section 154 of the Local Government Act or
section 126 of the Vancouver Charter.
(1.1) A
person or unincorporated organization who contravenes section 152.1 of
the Local Government Act or section 124.1 of the Vancouver
Charter, as those sections apply to a trustee election,
commits an offence and is liable to the applicable penalties under
section 154 of the Local Government Act or
section 126 of the Vancouver Charter.
Vancouver
Charter
38
Section 7 of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by
repealing the definition of "financial agent" and
substituting the following:
"financial
agent" means a financial agent under section 57 [financial
agent required for candidates, elector organizations and campaign
organizers]; .
39
Section 30.1 (1) (c) is repealed and the following substituted:
(c)
providing to that official the materials described in section 28 (4).
40
Section 31 is repealed.
41
Section 35 is amended by adding the following subsection:
(9.1)
Despite section 27 (7) of the Interpretation Act,
a person who is entitled to inspect a copy of the list of registered
electors under subsection (3) is not entitled to obtain a copy of the
list.
42
Section 43 is repealed and the following substituted:
Nomination of candidates
43.
(1) A nomination for office as a member of Council must be made in
accordance with section 44, separately for each candidate,
(a) by
at least 2 qualified nominators, or
(b) if
a by-law under subsection (2) applies, by at least 25 qualified
nominators.
(2) The
Council may, by by-law, set the minimum number of qualified nominators
at 25.
(3) In
order to be qualified as a nominator, a person
(a)
must be an elector of the city, and
(b) in
the case of a nomination for an office to be filled on a neighbourhood
constituency basis, must also be qualified as a resident elector or a
non-resident property elector in relation to the area of the
neighbourhood constituency.
(4) A
person may subscribe as a nominator to as many nomination documents as,
but not more than, the number of persons who are to be elected to fill
the office for which the election is being held.
(5) Even
if one or more of the nominators is not qualified in accordance with
this section, a nomination is valid as long as the nomination is made
by at least the minimum number of qualified nominators.
43
Section 44 (2) (b) is amended by striking out "and"
at the end of subparagraph (i), by adding ",
and" at the end of subparagraph (ii) and by
adding the following subparagraph:
(iii)
that the person fully intends to accept the office if
elected; .
44
Section 45 (6), (7) and (8) is repealed and the following substituted:
(6)
Nomination documents delivered to the chief election officer
(a)
must be available for public inspection at the City Hall during its
regular office hours from the time of delivery until 30 days after the
declaration of the election results under section 108, and
(b) if
a by-law under subsection (7) applies, must be made available to the
public in accordance with the by-law.
(7) The
Council may, by by-law, provide for public access to nomination
documents, during all or part of the period referred to in subsection
(6) (a), in any manner the Council considers appropriate, including by
the Internet or other electronic means.
(8) A
person who inspects or otherwise accesses nomination documents under
this section must not use the information included in them except for
the purposes of this Act.
45
Section 49 (2) (e) is repealed.
46
Section 55 is amended
(a)
by adding the following definitions:
"campaign
account" means an account for a candidate, elector
organization or campaign organizer that is required under section 57.1
(1);
"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;
"money"
includes cash, a negotiable instrument and a payment by means of a
credit card; ,
(b)
by repealing the definition of "campaign contribution"
and substituting the following:
"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; , and
(c)
in the definition of "election expense" by
striking out "by or on behalf of a candidate
or by or on behalf of an elector organization,"
and substituting "by or on behalf of a
candidate, elector organization or campaign organizer,".
47
Section 56 is repealed and the following substituted:
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.
48
Section 57 is repealed and the following substituted:
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.
49
The following section is added:
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.
50
Section 57.1 is repealed and the following substituted:
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.
51
Section 58 (1) is repealed and the following substituted:
(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.
52
Section 59 is amended
(a)
by repealing subsection (1) (a) and (d) and substituting 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;
(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; , and
(b)
by repealing subsection (2) and substituting the following:
(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.
53
Section 60 (1) and (5) is amended by striking out "candidate
or elector organization" and substituting "candidate,
elector organization or campaign organizer".
54
Section 61 (1), (2) (d), (4) and (5) is amended by striking out "candidate
or elector organization" and substituting "candidate,
elector organization or campaign organizer".
55
Section 62 is amended
(a)
by repealing subsections (1) and (2) and substituting the
following:
(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. ,
(b)
in subsection (4) by striking out "candidate
or elector organization:" and substituting "candidate,
elector organization or campaign organizer:",
(c)
in subsection (4) by adding the following paragraphs:
(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; ,
(d)
by adding the following subsection:
(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. ,
(e)
in subsection (5) by striking out "candidate
or elector organization," and substituting "candidate,
elector organization or campaign organizer,",
and
(f)
by repealing subsection (6) and substituting the following:
(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].
56
Section 62.1 is amended
(a)
in subsection (1) by striking out "candidate
or elector organization" and substituting "candidate,
elector organization or campaign organizer",
and
(b)
by repealing subsection (3) and substituting the following:
(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.
57
Section 62.2 is amended
(a)
by striking out "The disqualifications"
and substituting "The penalties",
and
(b)
by striking out "candidate or elector
organization" wherever it appears and
substituting "candidate, elector organization
or campaign organizer".
58
Section 63 (1) and (5) (a) is amended by striking out "candidate
or elector organization" and substituting "candidate,
elector organization or campaign organizer".
59
Section 64.1 is repealed and the following substituted:
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.
60
Section 64.2 (1) is repealed and the following substituted:
(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].
61
Section 64.4 is repealed and the following substituted:
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.
62
Section 65 is repealed and the following substituted:
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.
63
Section 69 is amended
(a)
by repealing subsection (1), and
(b)
in subsection (5) by adding "and"
at the end of paragraph (a), by striking out ", and"
at the end of paragraph (b) and by repealing paragraph (c).
64
Section 70 (2) is repealed.
65
Section 72 (2) is repealed and the following substituted:
(2) The
only electors who may vote by mail ballot are
(a)
persons who have a physical disability, illness or injury that affects
their ability to vote at another voting opportunity, and
(b)
persons who expect to be absent from the city on general voting day and
at the times of all advance voting opportunities.
66
Section 87 (2) (a) is repealed.
67
Section 122 is amended
(a)
by repealing subsection (3) (a),
(b)
in subsection (4) by striking out "of
this Act." and substituting "of
this Part.", and
(c)
by adding the following subsections:
(5.1) A
person who inspects materials referred to in subsection (3) must not
use the information in them except for the purposes of this Part.
(5.2)
Despite section 27 (7) of the Interpretation Act,
a person who is entitled to inspect the materials referred to in
subsection (3) is not entitled to obtain a copy of those materials.
68
Section 124.1 is amended
(a)
in subsection (1) by repealing the definition of "election
advertising" and substituting the following:
"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; ,
(b)
in subsection (1) in the definition of "sponsor"
by striking out "candidate or elector
organization" and substituting "candidate,
elector organization or campaign organizer",
and
(c)
in subsections (2) and (3) by striking out "person"
and substituting "person or unincorporated
organization".
69
Section 125 is amended
(a)
by repealing subsection (4) (b) and (c) and substituting the
following:
(b)
carry, wear or supply a flag, badge or other thing indicating that the
person using it is a supporter of a particular candidate, elector
organization or campaign organizer;
(c)
display or distribute a sign, a document or other material regarding a
candidate, elector organization or campaign organizer, except as
authorized by the chief election officer; ,
(b)
by repealing subsection (5) and substituting the following:
(5) In
relation to Division (8) of this Part, a person must not contravene any
of the following:
(a)
section 57 [financial agent required];
(b)
section 57.1 [campaign accounts];
(c)
section 58 [restrictions on accepting contributions and
incurring expenses];
(d)
section 59 [restrictions on making campaign contributions];
(e)
section 61.1 (4) [transfer of candidate's surplus];
(f)
section 62 [duty to file disclosure statement];
(g)
section 62.1 [duty to file supplementary reports]. , and
(c)
by repealing subsection (6) (c) and substituting the following:
(c)
inspect or access under this Part
(i)
a list of registered electors,
(ii)
nomination documents,
(iii)
disclosure statements or supplementary reports, or
(iv)
other election materials referred to in section 105,
or use
the information from any of them, except for purposes authorized under
this Act; .
70
Section 126 is amended
(a)
in subsection (2) by striking out "A
person" and substituting "A
person or unincorporated organization", and
(b)
by repealing subsection (4) and substituting the following:
(4) A
person or unincorporated organization is not guilty of an offence under
this Part if the person or organization exercised due diligence to
prevent the commission of the offence.
71
Section 128 is amended
(a)
in subsection (2) by adding the following paragraph:
(d.1)
prescribing information that must be provided to the chief election
officer under section 57.01 [information to be provided to
chief election officer]; , and
(b)
in subsection (3) by striking out "section
146" and substituting "section
156".
72
Section 136 (3) (e) is amended by striking out "section
49 (2) (d) to (f)" and substituting "section
49 (2) (d) and (f)".
Part 2
— Other Amendments
Community
Charter
73
Section 137 (1) (a) and (b) of the Community Charter, S.B.C. 2003, c.
26, is repealed and the following substituted:
(a) the
power to adopt a bylaw under this or any other Act includes the power
to amend or repeal such a bylaw,
(b) the
included power to amend or repeal must be exercised by bylaw and is
subject to the same approval and other requirements, if any, as the
power to adopt a new bylaw under that authority, and .
Greater
Vancouver Water District Act
74
Section 81 of the Greater Vancouver Water District Act, S.B.C. 1924, c.
22, is amended
(a)
in subsection (4) by striking out "and
the approval of the Lieutenant-Governor in Council",
and
(b)
by repealing subsections (5) and (6).
Local
Government Act
75
Section 5 of the Local Government Act, R.S.B.C. 1996, c. 323, is
amended by adding the following definition:
"Surveyor
of Taxes" has the same meaning as in the Taxation
(Rural Area) Act; .
76
Section 746 (1) is amended by adding the following paragraph:
(n)
establishing a reserve fund for one or more capital purposes.
77
Section 747 (2) and (3) is repealed and the following substituted:
(2)
Subject to a regulation under subsection (4), the bylaws of improvement
districts are effective only on registration with the inspector.
(3) For
an improvement district bylaw that requires registration under
subsection (2), the inspector may register or refuse to register it, or
take any other action the inspector considers is in the interest of the
improvement district or the Provincial government.
(4) The
minister may, by regulation,
(a)
provide exemptions from the registration requirement under subsection
(2), and
(b) in
relation to this, provide that an exemption is or may be made subject
to the terms and conditions specified by the minister or the inspector.
(5)
Section 136 [when a bylaw comes into force]
of the Community Charter
applies to bylaws that are exempt from the registration requirement
under subsection (2).
78
Section 751 is repealed and the following substituted:
Renewal of works
751
(1) An improvement district must make adequate provision in advance to
renew works when they require renewal, and must raise amounts for that
purpose.
(2) The
board of trustees must establish reserve funds for the purpose of
renewal of works referred to in subsection (1), and amounts raised as
required under that subsection must be credited to the applicable
reserve fund.
(3)
Money in a reserve fund, and interest earned on it, must be used only
for the purpose for which the reserve fund was established.
79
Section 758 (1) is amended by striking out "On
registration of a tax bylaw" and substituting "As
soon as practicable after a tax bylaw comes into force,".
80
Section 797.4 (3) is repealed and the following substituted:
(3) In
order for a petition to be certified as sufficient and valid for the
purposes of this section,
(a) the
petition must be signed by the owners of at least 50% of the parcels
liable to be charged for the proposed service, and
(b) the
persons signing must be the owners of parcels that in total represent
50% of the net taxable value of all land and improvements within the
proposed service area.
81
Section 806 (1) and (2) is repealed and the following substituted:
(1) On
or before April 10 in each year, the designated regional district
officer must deliver to the Surveyor of Taxes
(a) a
requisition in respect of each service, stating the amount required
during the year in respect of each electoral participating area, and
(b)
that officer's certification
(i)
that the amount requisitioned is included in the financial plan for
that year, and
(ii)
of any other matter in relation to the requisition that is required to
be certified under subsection (2).
(2) The
Lieutenant Governor in Council may make regulations prescribing matters
that must be certified under subsection (1) (b) and establishing
requirements respecting such certifications.
82
Section 806.1 (1) is amended by striking out "Minister
of Finance," and substituting "Surveyor
of Taxes,".
83
Section 823.1 (3) (d) is repealed and the following substituted:
(d) for
an electoral participating area, by consent given in accordance with
section 801.5 (2) to (4) [consent on behalf of electoral
participating area] if
(i)
the borrowing is in relation to a service that was requested by
petition under section 797.4 [petition for electoral area
services] and the petition contemplated the borrowing, or
(ii)
the borrowing was requested by petition under section 823.11 [electoral
participating area petition for borrowing].
84
The following section is added:
Electoral participating
area petition for borrowing
823.11
(1) The owners of parcels in an electoral participating area may sign
and submit to the regional district a petition for borrowing in
relation to the service.
(2) Each
page of a petition referred to in subsection (1) must do the following:
(a)
identify the service in relation to which the borrowing is proposed;
(b)
identify the relevant electoral participating area;
(c)
describe in brief and general terms the purpose of the proposed
borrowing;
(d)
state the estimated total amount of the proposed borrowing;
(e)
state the maximum term for which the debentures for the proposed
borrowing may be issued;
(f)
contain other information that the board may require.
(3) In
order for a petition to be certified as sufficient and valid for the
purposes of this section,
(a) the
petition must be signed by the owners of at least 50% of the parcels
liable to be charged in relation to the proposed borrowing, and
(b) the
persons signing must be the owners of parcels that in total represent
50% of the net taxable value of all land and improvements within the
electoral participating area.
(4)
Section 212 (4) to (6) [rules in relation to petition for
local area service] of the Community Charter
applies to a petition under this section.
85
Section 894 (2) is repealed and the following substituted:
(2) A
member of a council or board who
(a) is
entitled to vote on a bylaw that was the subject of a public hearing,
and
(b) was
not present at the public hearing
may vote
on the adoption of the bylaw if an oral or written report of the public
hearing has been given to the member by
(c) an
officer or employee of the local government, or
(d) if
applicable, the delegate who conducted the public hearing.
86
Section 937.4 (7) is amended by striking out "school
board's resolution" and substituting "resolution
of the board of education".
87
Section 968 (2) is repealed and the following substituted:
(2)
Sections 890 (2) to (3.1) and (5) to (9), 891 and 894 apply with
respect to the public hearing and enactment of the heritage designation
bylaw.
Local
Government Statutes Amendment Act, 2000
88
Section 134 of the Local Government Statutes Amendment Act, 2000,
S.B.C. 2000, c. 7, is repealed.
89
Section 149 (a) is repealed.
Municipalities
Enabling and Validating Act
90
Section 250 of the Municipalities Enabling and Validating Act, R.S.B.C.
1960, c. 261, is repealed.
Municipalities
Enabling and Validating Act (No. 2)
91
Section 11 of the Municipalities Enabling and Validating Act (No. 2),
S.B.C. 1990, c. 61, is repealed.
Municipalities
Enabling and Validating Act (No. 3)
92
The Municipalities Enabling and Validating Act (No. 3), S.B.C. 2001, c.
44, is amended by adding the following Part:
Part 8
— 2008
Elk Valley tax sharing
agreement
22
(1) In this section:
"class
4 property" means land, or land and improvements,
classified as class 4 property under the Assessment Act;
"Elk
Valley mines" means the class 4 property
(a)
comprised of coal mines, coal-processing works and coal-related
infrastructure within the boundaries of the municipalities, and
(b)
identified in the agreement entered into under subsection (2) as being
subject to the agreement;
"minister"
means the minister charged with the administration
of the Community Charter;
"municipalities"
means
(a) the
District of Sparwood,
(b) the
District of Elkford, and
(c) the
City of Fernie;
"regional
district" means the Regional District of East Kootenay.
(2)
Subject to the approval of the minister, the municipalities and the
regional district may enter into an agreement that does one or more of
the following:
(a)
sets or establishes a formula to determine the amount of revenue to be
raised for the year from property value taxes imposed on Elk Valley
mines;
(b)
sets or establishes a formula to determine the tax rate to be applied
to Elk Valley mines;
(c)
determines how tax revenue from Elk Valley mines is shared by the
municipalities and the regional district;
(d)
determines the use of tax revenues from Elk Valley mines.
(3) If
the municipalities and the regional district enter into an agreement
under subsection (2),
(a) the
councils of the municipalities must include any tax rates set or
determined under the agreement in their bylaws under section 197 (1) [annual
property tax bylaw] of the Community Charter,
(b)
despite section 197 (3) and (4) of the Community Charter,
the bylaws referred to in paragraph (a) of this subsection may
establish different tax rates for Elk Valley mines than other class 4
property within the municipalities,
(c) a
regulation made under section 199 (b) [property tax rates
regulations] of the Community Charter
does not apply to that part of the bylaws referred to in paragraph (a)
of this subsection, and
(d) the
agreement may only be amended, extended or renewed with the approval of
the minister.
School
Act
93
Section 131 (9) of the School Act, R.S.B.C. 1996, c. 412, is repealed
and the following substituted:
(9)
Despite subsection (1), property that is exempted under
(a)
section 226 [revitalization tax exemptions] of
the Community Charter, or
(b)
section 396E [revitalization tax exemptions] of
the Vancouver Charter
is not
exempted from taxation under this Act.
Union
of British Columbia Municipalities Act
94
Section 3 (g) of the Union of British Columbia Municipalities Act,
S.B.C. 2006, c. 18, is amended by striking out "the
above objects" and substituting "its
objects".
95
Section 7 is amended
(a)
by repealing subsection (2) (c) to (e), and
(b)
by repealing subsection (4) (g) to (i).
Transitional
Provision
Transition —
application of amendments to local elections
96
(1) In this section:
"2008
general local elections" means the local authority
elections that are part of or held at the same time as the 2008 general
local election under the Local Government Act;
"election
amendments" means the amendments made by Part 1 [Local
Elections Admendments] of this Act;
"local
authority" means the council of a municipality including
the City of Vancouver, the board of a regional district, a board of
education or another body all or some of whose members are elected in
accordance with Part 3 of the Local Government Act
or Part I of the Vancouver Charter;
"new"
in relation to a statutory provision means the provision as it reads
after amendment or enactment by the applicable provision of the
election amendments;
"old"
in relation to a statutory provision means the
provision as it read before repeal, replacement or amendment by the
applicable provision of the election amendments.
(2)
Subject to subsection (4), the new provisions do not apply to the
following and, instead, the old provisions of those Acts apply:
(a)
elections that are held before the time of the 2008 general local
elections;
(b)
voting on matters other than elections that is conducted before the
time of the 2008 general local elections;
(c)
except in relation to the 2008 general local elections and following
elections, persons currently holding elected office or appointed to an
office for which elections may be held.
(3) For
certainty, the new provisions do apply for the purposes of the 2008
general local elections.
(4) The
new section 93 of the Local Government Act and
the new section 65 of the Vancouver Charter apply
to disclosures in relation to elections held before the time of the
2008 general local elections except that, in making the disclosure
statements and supplementary reports available for public inspection
under the applicable provision, the local authority must not make the
names of the persons or organizations who made campaign contributions
available by the Internet or other electronic means unless the
contributor consents.
(5) The
following rules apply in relation to the application of Division 8 [Campaign
Financing] of Part 3 of the Local
Government Act and Division
(8) [Campaign Financing] of
Part I of the Vancouver Charter to the 2008
general local elections:
(a)
those Divisions apply to campaign contributions received and election
expenses used before the date on which the election amendments are
deemed to have come into force;
(b) the
obligations of candidates, elector organizations, campaign organizers
and their financial agents in relation to election expenses and
campaign contributions referred to in paragraph (a) are satisfied if
the person or organization under the obligation uses their best efforts
to satisfy the obligation.
(6) The
obligations under
(a) the
new
(i)
section 85 [financial agent required for candidates,
electoral organizations and campaign organizers],
(ii)
section 85.01 [information to be provided to the chief
election officer],
(iii)
section 85.1 [campaign accounts], and
(iv)
section 86 [restrictions on accepting contributions and
incurring expenses],
of the Local
Government Act, and
(b) the
new
(i)
section 57 [financial agent required for candidates,
electoral organizations and campaign organizers],
(ii)
section 57.01 [information to be provided to the chief
election officer],
(iii)
section 57.1 [campaign accounts], and
(iv)
section 58 [restrictions on accepting contributions and
incurring expenses],
of the Vancouver
Charter
are
satisfied if the person or unincorporated organization to which they
apply complied with the applicable obligation as soon as practicable
after the date on which this section is deemed to have come into force.
Commencement
97
The provisions of this Act referred to in column 1 of the following
table come into force as set out in column 2 of the table:
| Item |
Column 1
Provisions of Act |
Column 2
Commencement |
| 1 |
Anything not elsewhere
covered by this table |
The date of Royal Assent |
| 2 |
Sections 1 to 72 |
The day after the date on
which this Act received First Reading in the Legislative Assembly |
| 3 |
Section 74 |
January 1, 2007 |
| 4 |
Sections 76 to 79 |
By regulation of the
Lieutenant Governor in Council |
| 5 |
Sections 81 and 82 |
By regulation of the
Lieutenant Governor in Council |
| 6 |
Section 86 |
July 1, 2007 |
| 7 |
Section 90 |
By regulation of the
Lieutenant Governor in Council |
| 8 |
Section 93 |
May 31, 2007 |
| 9 |
Section 96 |
The day after the date on
which this Act received First Reading in the Legislative Assembly |
|