HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Section 1 of the Constitution Act, R.S.B.C. 1996, c. 66, is amended by striking out "4 or more members" and substituting "2 or more members".

2 Section 11 is amended by striking out "while the other member is absent from the capital or unable from illness" and substituting "if the other member is deceased or while the other member is absent from the capital or otherwise unable".

3 Section 23 (2) and (3) is repealed and the following substituted:

(2) Subject to subsection (1), a general voting day must occur on the third Saturday in October in the fourth calendar year following the general voting day for the most recently held general election.

(3) As an exception to subsection (2), if the campaign period for a general election to be held under that subsection would overlap with the campaign period for a general local election to be held under section 52 of the Local Government Act or the election period for a federal general election to be held under section 56.1 (2) or section 56.2 of the Canada Elections Act, the general voting day for the general election must be held instead on a date to be specified under the Election Act that the Lieutenant Governor in Council determines to be suitable after consulting the Chief Electoral Officer, the Leader of the Official Opposition and each leader of a recognized political party.

(4) In this section, "general election" and "general voting day" have the same meaning as in section 1 of the Election Act.

 
Transitional Provision

Transition

4  Despite section 3 of the Election Act, the following amendments made by this Act to the Election Act apply to an election called after the date this section comes into force regardless of when the election is called:

(a) the amendment made by section 5 of this Act to section 24 of the Election Act;

(b) the amendment made by section 6 of this Act to section 76 of the Election Act.

 
Consequential Amendments

Election Act

5 Section 24 (1) (c) of the Election Act, R.S.B.C. 1996, c. 106, is amended by adding "of this Act and section 23 of the Constitution Act" after "in accordance with section 27".

6 Section 76 (1) is repealed and the following substituted:

(1) Advance voting opportunities must be held during a period that consists of 6 consecutive days and commences

(a) 8 days before general voting day for an election, or

(b) if general voting day for an election falls on a Monday, 9 days before general voting day for the election.

Legislative Assembly Management Committee Act

7 Section 1 of the Legislative Assembly Management Committee Act, R.S.B.C. 1996, c. 258, is amended in the definition of "additional party" by striking out "4 or more members" and substituting "2 or more members".

Commencement

8  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:

 
Explanatory Notes

SECTION 1: [Constitution Act, section 1] amends the definition of "leader of a recognized political party".

SECTION 2: [Constitution Act, section 11] adds circumstances when acting ministers may be appointed from the members of the Executive Council.

SECTION 3: [Constitution Act, section 23] amends the fixed election date.

SECTION 4: [Transition] is self-explanatory.

SECTION 5: [Election Act, section 24] is consequential to the amendment made by this Bill to section 23 of the Constitution Act.

SECTION 6: [Election Act, section 76] is consequential to the amendment made by this Bill to section 23 of the Constitution Act.

SECTION 7: [Legislative Assembly Management Committee Act, section 1] is consequential to the amendment made by this Bill to section 1 of the Constitution Act.