The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 12th day of March, 2008
Ian D. Izard, Q.C., Law Clerk
HONOURABLE IDA CHONG
MINISTER OF COMMUNITY SERVICES AND MINISTER
RESPONSIBLE FOR SENIORS' AND WOMEN'S ISSUES
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2 Section 57.1 (1) (c) is repealed and the following substituted: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3 Section 58 is repealed.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5 Section 71 is repealed and the following substituted:
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:
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:
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:
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:
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:
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:
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:
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:
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:
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:
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:
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:
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:
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:
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:
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:
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:
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
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).
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.
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 |