| Copyright (c) Queen's Printer, Victoria, British Columbia, Canada |
IMPORTANT INFORMATION |
| B.C. Reg. 212/99 O.C. 767/99 |
Deposited July 9, 1999 |
[includes amendments up to B.C. Reg. 164/2010, July 1, 2010]
Part 1 — Qualifications for Holding Office
2 (1) Except as provided in this Part, a person is qualified to be elected or appointed to and hold office as a regional trustee of a francophone education authority if, at the relevant time, the person meets all of the following requirements:
(a) the person must be an individual who is, or who will be at the time of voting or on the effective date of the appointment, as applicable, age 18 or older;
(b) the person must be a Canadian citizen;
(c) the person must have been a member of the francophone education authority for at least 120 days preceding the relevant time;
(d) the person must not be disqualified by the School Act or any other enactment from voting in an election in British Columbia or from being elected or appointed to or holding office as a regional trustee of a francophone education authority, or be otherwise disqualified by law.
(2) At any one time, a person is not eligible to be elected as a regional trustee for more than one ward established under section 166.14 (8) of the Act.
[am. B.C. Reg. 388/2007, Sch. 3, s. 1 (b).]
3 Without limiting section 2 (1) (d), the following persons are disqualified from being elected to or holding office as a regional trustee of a francophone education authority:
(a) a person who is disqualified under section 4 as an employee of a francophone education authority, except as authorized under that section;
(b) a person who is disqualified under
(i) section 166.18 (6) or 166.19 (3) of the School Act, or
(ii) section 92 or 92.4 of the Local Government Act, as those sections apply to the election of regional trustees;
(c) a person who is prohibited from holding elected office under Division 17 of Part 3 of the Local Government Act as it applies to elections or voting on any matter under the School Act, the Local Government Act or any other Act.
[am. B.C. Regs. 388/2007, Sch. 3, s. 1 (b) and (c); 147/2008, Sch. 1, s. 1.]
4 (1) In this section, "employee" means an employee or salaried officer of a francophone education authority.
(2) Unless the requirements of this section are met, an employee of a francophone education authority is disqualified from being elected to or holding office as a regional trustee of the same francophone education authority.
(3) Before declaring an intention to run for office as a regional trustee of a francophone education authority under section 7, the employee must give notice in writing to his or her employer of that intention.
(4) Once a notice is given under subsection (3), the employee is entitled to and must take a leave of absence from the employee's position with the employer for a period that, at a minimum,
(a) begins on the date on which the notice is given, and
(b) ends, as applicable,
(i) if the person withdraws as a candidate in the election, on the day after the withdrawal,
(ii) if the person is declared elected, on the day the person resigns in accordance with subsection (7) or on the last day for taking office before the person is disqualified under the provisions referred to in section 3 (b),
(iii) if the person is not declared elected and no application for judicial recount is made, on the last day on which an application for judicial recount may be made, or
(iv) if the person is not declared elected and an application for judicial recount is made, on the date when the results of the election are determined by or following the judicial recount.
(5) If agreed by the employer, as a matter of employment contract or otherwise, the leave of absence under this section may be for a period longer than the minimum required by subsection (4).
(6) Sections 54 and 56 of the Employment Standards Act apply to a leave of absence under this section.
(7) Before making the oath of office under section 166.19 of the Act, an employee on a leave of absence under this section who has been elected must resign from the person's position with the employer.
(8) At the option of the employee, a resignation under subsection (7) may be conditional on the person's election not being declared invalid on an application under section 18 of this regulation or section 166.18 (4) of the Act.
[am. B.C. Reg. 388/2007, Sch. 3, s. 1 (b).]
Division 1 — Call for Candidates
6 (1) In every year in which regional trustees of a francophone education authority are to be elected, the secrétaire trésorier of the authority must, at least 115 days before election day, provide notice to the members requesting that members who are prepared to stand for election as regional trustees declare their intention to do so.
(2) The notice referred to in subsection (1) must be provided by publication in a newspaper.
[en. B.C. Reg. 262/2005, s. 1; am. B.C. Regs. 262/2005, s. 5 (a);
388/2007, Sch. 3, s. 1 (a) and (c).]
7 (1) At least 90 days before election day, the members of the authority who are prepared to stand for election as regional trustees in wards in which elections for those offices are to be held must provide to the secrétaire trésorier a written statement, signed by the member, in which the member declares an intention to stand for election as a regional trustee.
(2) The statement provided under subsection (1) must identify the ward in which the member is prepared to stand for election and must include the usual name of the person intending to stand for election as a regional trustee.
(3) A statement provided under subsection (1) must be accompanied by a solemn declaration of the person who intends to run for office that he or she is qualified under the Act and regulations to hold that office.
(4) A solemn declaration under subsection (3) must be
(a) made on oath or by solemn affirmation,
(b) made before a commissioner for taking affidavits for British Columbia, and
(c) signed by the person making the oath or solemn affirmation and by the person before whom it is made.
(5) Members who are already serving as regional trustees may declare an intention to run under subsection (1).
(6) At least 85 days before election day, the secrétaire trésorier must provide to each member of the francophone education authority, by electronic means or by mail, a list of all members planning to stand for election as regional trustee.
[am. B.C. Regs. 262/2005, ss. 2 to 4 and 5 (b) and (c); 388/2007, Sch. 3, s. 1 (a) to (c).]
8 (1) A declaration of a member to stand for election as a regional trustee may only be challenged by an application to the Provincial Court in accordance with this section.
(2) The time period during which a challenge may be made is between the time the member provides the secrétaire trésorier with a written statement under section 7 (1) and 4 p.m. on the 75th day before election day.
(3) A challenge may be made only by a member who is resident in that ward and is entitled to vote in that ward, and may only be made on one or more of the following bases:
(a) that the member is not qualified to stand for election as regional trustee;
(b) that the declaration was not made in accordance with section 7;
(c) that the usual name given under section 7 (2) is not in fact the usual name of the person.
(4) The document filed with the court to commence a challenge must briefly set out the facts on which the challenge is based and must be supported by affidavit as to those facts.
(5) At the time a challenge is commenced, a time must be set for the hearing that is adequate to allow the court to give its decision on the matter within the time limit set by subsection (7).
(6) The person making a challenge must notify affected persons by
(a) immediately notifying the secrétaire trésorier and the person whose declaration is challenged that a challenge will be heard by the court at the time set under subsection (5), and
(b) within 24 hours of filing the document commencing the application, serving on these persons that document, the accompanying affidavit and a notice of the time for the hearing.
(7) Within 72 hours of the end of the period for commencing a challenge, the court must hear and determine the matter and must issue an order, as applicable,
(a) confirming the person as eligible to stand for election as a regional trustee or declaring that the person is no longer standing for election as a regional trustee, and
(b) declaring that the person is or is not entitled to have the usual name referred to in section 7 (2) used on the ballot.
(8) The court may order that the costs of a challenge, within the meaning of the Supreme Court Civil Rules, be paid in accordance with the order of the court.
(9) The decision of a court on a challenge under this section is final and may not be appealed.
(10) The person making a challenge must notify the secrétaire trésorier within 72 hours of the decision of the court.
(11) The secrétaire trésorier, on receiving notice under subsection (10), must reflect the court's decision in the voting materials provided under section 10 of this regulation.
[am. B.C. Regs. 262/2005, ss. 3 and 6; 388/2007, Sch. 3, s. 1 (a) and (b); 164/2010.]
Division 2 — Election of Regional Trustees
9 If the number of candidates who have declared themselves willing to stand for election as regional trustees in a ward does not exceed the number of regional trustees to be elected in that ward, the secrétaire trésorier must, at least 40 days before election day,
(a) declare those candidates elected as regional trustees in that ward, and
(b) provide to each member who is entitled to vote in that ward, by electronic means or by mail, a copy of the declaration.
[am. B.C. Regs. 262/2005, ss. 3 and 7; 388/2007, Sch. 3, s. 1 (a) and (c).]
10 (1) If the number of candidates for regional trustees exceeds the number of regional trustees to be elected in that ward, the secrétaire trésorier, at least 40 days before election day, must provide to each member who is entitled to vote in that ward the following in electronic or other form:
(a) a ballot containing the names of all candidates for regional trustees in that ward and stating the number of regional trustees to be elected in that ward;
(b) a voting declaration prescribed under section 21;
(c) instructions for completing and submitting a ballot and a voting declaration
(2) The names of the candidates on the ballot referred to in subsection (1) (a) are to be set out in alphabetical order or, at the discretion of the board of regional trustees of the authority, the order of the names is to be determined by lot drawn by the secrétaire trésorier.
(3) The accidental omission to provide the material referred to in subsection (1) to a member or the non-receipt of the material does not invalidate an election.
[en. B.C. Regs. 262/2005, s. 8; 388/2007, Sch. 3, s. 1 (a) and (c).]
11 (1) A member who is resident in a ward and is entitled to vote in an election for that ward may vote for any number of candidates up to the number of candidates to be elected in that ward.
(1.1) Subject to section 12 (2), voting in an election may be by paper or electronic ballot.
(2) A member must vote in accordance with the instructions referred to in section 10 (1) (c).
(3) A member who has voted must, in accordance with the instructions, submit the ballot referred to in section 10 (1) (a) and complete, sign and submit the declaration referred to in section 10 (1) (b),
(a) if the member votes by paper ballot, at least 15 days before election day, or
(b) if the member votes by electronic ballot, no later than 8 p.m. on election day.
[en. B.C. Reg. 262/2005, s. 8; am. B.C. Reg. 147/2008, Sch. 1, s. 2.]
11.1 If voting is delayed and the secrétaire trésorier considers that a significant number of members would not be able to vote without an extension under this section, the secrétaire trésorier may extend the time for the close of voting but the extension must not permit voting for a longer period of time than would have been permitted had voting not been delayed.
[en. B.C. Reg. 147/2008, Sch. 1, s. 3.]
12 (1) Subject to subsection (2), the secrétaire trésorier or a person appointed by the secrétaire trésorier must supervise the collecting and counting of votes according to a procedure that
(a) rejects all but one of the ballots of a voter who submits more than one ballot,
(b) rejects a ballot that is not submitted with a completed and signed declaration, and
(c) prevents the identification of voters.
(2) The secrétaire trésorier may direct that electronic equipment be used for collecting and counting votes if the equipment
(a) can do so according to a procedure that does the things set out in subsection (1) (a) to (c), and
(b) maintains a back-up copy of all ballots and declarations submitted.
(3) If the secrétaire trésorier directs the use of electronic equipment under subsection (2), he or she must certify the final vote count generated by the equipment if he or she is satisfied that the equipment accurately counted the votes submitted in accordance with the instructions.
(4) A candidate for office or a representative of that candidate is entitled to be present when the votes are counted under this section.
[en. B.C. Reg. 262/2005, s. 8; am. B.C. Reg. 388/2007, Sch. 3, s. 1 (a).]
14 (1) On election day, the secrétaire trésorier must declare elected the candidate or candidates who receive the greatest number of votes, up to the number of regional trustees to be elected in each ward.
(2) If not all candidates who are to be elected in a ward can be determined because of an equality of votes, the secrétaire trésorier must
(a) write on identical cards the name of each candidate whose election cannot be determined because of an equality of votes,
(b) place all the cards into a ballot box,
(c) draw from the ballot box by chance the number of cards necessary to make up the required number of regional trustees from that ward, and
(d) declare elected the candidate or candidates named on the card or cards drawn.
[am. B.C. Regs. 262/2005, s. 3; 388/2007, Sch. 3, s. 1 (a) and (c).]
15 Promptly after determining which of the candidates have been elected as regional trustees for a ward, the secrétaire trésorier must
(a) notify the minister, the president and each candidate of the outcome of the election, and
(b) provide to the newly elected regional trustees notice in writing of their election.
[am. B.C. Regs. 262/2005, s. 3; 388/2007, Sch. 3, s. 1 (a) and (c).]
16 (1) Within 10 days after a vacancy occurs for which a by-election is to be held under section 166.2 of the Act, the secrétaire trésorier of the francophone education authority must provide notice of a by-election to the members of the authority resident in the ward in which the vacancy has occurred.
(1.1) The notice referred to in subsection (1) must be provided by publication in a newspaper.
(2) In the notice provided under subsection (1), the secrétaire trésorier of the authority must request members who are prepared to stand for election as regional trustee for the ward to declare their intention to do so.
(3) A member who is prepared to stand for election as regional trustee for the ward must, no later than 30 days after notice was sent under subsection (1), provide to the secrétaire trésorier
(a) a written statement, signed by the member, in which the member agrees to stand for election, and
(b) a solemn declaration referred to in section 7 (3) and (4).
(4) The secrétaire trésorier of the authority, no later than 60 days after providing notice of the by-election under subsection (1), must provide to each member who is entitled to vote in the ward for which the election is to be held the voting material referred to in section 10 (1) in electronic or other form.
(5) The voting procedures set out in Division 2 apply to a by-election conducted under this section except to the extent that those procedures have been modified under subsections (1) to (4).
[am. B.C. Regs. 262/2005, ss. 3 and 9; 388/2007, Sch. 3, s. 1 (a) and (b).]
17 (1) Division 8 of Part 3 of the Municipal Act applies to the election of regional trustees of a francophone education authority
(2) If a person appointed or elected as a regional trustee is disqualified under the Municipal Act from being elected to or holding office as a regional trustee until after the next general election of regional trustees, the office to which the person was appointed or elected is deemed to be vacant.
(3) Division 17 of Part 3 of the Municipal Act applies to the election of regional trustees of a francophone education authority.
(4) A person who contravenes section 151, 152, 152.1 or 153 of the Municipal Act, as those sections apply to an election of regional trustees under subsection (3) of this section, commits an offence and is liable to the applicable penalties under section 154 of the Municipal Act.
(5) Section 153.1 of the Municipal Act applies in relation to an offence under subsection (4).
(6) For the purposes of subsections (1) and (3), the references in Divisions 8 and 17 of Part 3 of the Municipal Act are to be read in accordance with the following:
(a) a reference to a regional district board or local government is to be read as a reference to a francophone education authority;
(b) a reference to a jurisdiction or electoral area is to be read as a reference to a ward established under section 166.14 (8) of the Act for the francophone education authority;
(c) a reference to a regional district secretary or a municipal clerk is to be read as a reference to the secrétaire trésorier of the francophone education authority;
(d) a reference to the minister is to be read as a reference to the minister responsible for the School Act.
[am. B.C. Regs. 262/2005, s. 3; 388/2007, Sch. 3, s. 1 (a) to (c).]
18 (1) An application to challenge the right of an elected regional trustee to take office or the validity of a regional trustee election may be made to the Supreme Court by at least 4 members of a francophone education authority who were eligible to vote in the ward for which the election was held.
(2) The time limit for making an application under subsection (1) is 30 days after the declaration of official results under section 14.
(3) Division 15 of Part 3 of the Municipal Act, other than section 143 (2) to (4), applies to an application made under subsection (1).
(4) For the purposes of subsection (3), the references in Division 15 of Part 3 of the Municipal Act are to be read in accordance with the following:
(a) a reference to a municipality or regional district is to be read as a reference to a francophone education authority;
(b) a reference to a regional district secretary or municipal clerk is to be read as a reference to the secrétaire trésorier of the francophone education authority.
am. B.C. Regs. 262/2005, s. 3; 388/2007, Sch. 3, s. 1 (a) and (b).]
19 (1) The secrétaire trésorier must retain voting records and other documents of an election for regional trustees for at least 30 days after the date on which the candidates are notified of the outcome of the election.
(2) If an application is made under section 18 of this regulation or section 166.18 (4) of the Act, the secrétaire trésorier must retain the documents referred to in subsection (1) until that application, including all appeals from it, is concluded.
[am. B.C. Regs. 262/2005, ss. 3 and 10; 388/2007, Sch. 3, s. 1 (a) and (c).]
20 The affirmation set out in Schedule A is prescribed for the purposes of sections 166.13 (1) and 166.24 (4) of the Act.
21 The declaration set out in Schedule B is prescribed for the purposes of section 166.14 (5) of the Act.
22 The oath of office set out in Schedule C is prescribed for the purposes of section 166.19 of the Act.
23 (1) The regulations and orders set out in Schedule D apply for the purposes of Part 8.1 of the Act.
(2) If a regulation or order that applies for the purposes of Part 8.1 of the Act refers to a word or phrase that is defined in the regulation or order but is not listed in Column A of section 166.11 (1) of the Act, a reference in that definition to a word or phrase listed in Column A of section 166.11 (1) of the Act is to be read as a reference to the word or phrase listed opposite in Column B of that section.
Affirmation
I, ................................................[name], affirm that
(a) the following provision applies: [please check the applicable provision]
I am a citizen of Canada;
I am an immigrant parent as defined in the School Act,
(b) I reside in British Columbia, and
(c) the following provision or provisions apply: [please check the applicable provision(s)]
my first language learned and still understood is French;
I received my primary school instruction in Canada in French;
one of my children has received primary or secondary school instruction in Canada in French;
one of my children is receiving primary or secondary school instruction in Canada in French.
.............................................
(signature)
Affirmation Solennelle
Je, ................................................[nom], affirme solennellement que
(a) la disposition suivante s'applique: [veuillez cocher la disposition pertinente]
Je suis citoyen(ne) du Canada;
Je suis un parent immigrant au sens ou l'entend le School Act,
(b) Je réside en Colombie-Britannique, et
(c) la ou les disposition(s) suivante(s) s'applique(nt): [veuillez cocher la ou les disposition(s) pertinente(s)]
la première langue que j'ai apprise et que je comprends encore est le français;
j'ai reçu mon instruction au niveau primaire en français au Canada;
un de mes enfants a reçu son instruction en français au Canada au niveau primaire ou secondaire;
un de mes enfants reçoit son instruction en français au Canada au niveau primaire ou secondaire.
..............................................
(signature)
[am. B.C. Reg. 388/2007, Sch. 3, s. 1 (c) and (d).]
Voting Declaration
I, ...........................................[name], make the following declaration:
1 I am a member in good standing of the conseil scolaire francophone de la colombie-britannique.
2 I wish to vote in an election of regional trustees of the conseil scolaire francophone de la colombie-britannique in respect of the following year: .............................
3 I have not and will not vote
(a) in an election of school trustees that takes place in the same year as the election referred to in section 2 of this declaration, or
(b) in any by-election to fill a vacancy for a trustee elected in a trustee election referred to in section 3 (a) of this declaration.
..............................................
(signature)
DÉCLARATION DE VOTE
Je, ...........................................[nom], fais la déclaration suivante:
1 Je suis membre en règle du conseil scolaire francophone de la colombie-britannique.
2 Je désire voter lors d'une élection de conseillers régionaux du conseil scolaire francophone de la colombie-britannique pour l'année suivante: .............................
3 Je n'ai pas voté et je ne voterai pas
(a) lors d'une élection de conseillers scolaires ayant lieu la même année que l'élection mentionnée dans l'article 2 de la présente déclaration, ou
(b) lors de toute élection partielle visant à remplacer un conseiller scolaire élu lors d'une élection de conseillers scolaires mentionnée au paragraphe 3 (a) de la présente déclaration.
..............................................
(signature)
[am. B.C. Reg. 388/2007, Sch. 3, s. 1 (b) and (e).]
Oath of Office
I, .............................................[name], do [swear] [solemnly affirm] that:
I am qualified to hold office as a regional trustee in the conseil scolaire francophone de la colombie-britannique and meet the regional trustee qualification requirements set out in the School Act and regulations;
I have not knowingly contravened the School Act or regulations in relation to my election as a regional trustee;
I will abide by the School Act and regulations and I will faithfully perform the duties of my office, and will not allow any private interest to influence my conduct in public matters;
I will comply with the requirements of the School Act and regulations that relate to conflict of interest and, in particular, I will comply with the requirements relating to disclosure of pecuniary and indirect pecuniary interest in a matter.
SWORN/AFFIRMED BEFORE ME
at ...........................[city], British Columbia
on ........................[date].
| ......................................................................... A commissioner for taking affidavits for British Columbia |
................................................. |
Serment d'Entrée en Fonctions
Je, .............................................[nom], déclare sous serment/affirme solennellement que:
je suis apte à occuper le poste de conseiller régional au sein du conseil scolaire francophone de la colombie-britannique et je satisfais aux normes de sélection des conseiller régionaux stipulées dans le School Act et les règlements;
je n'ai pas, à ma connaissance, enfreint les dispositions du School Act ou des règlements en ce qui à trait a mon élection comme conseiller régional;
je me conformerai aux stipulations du School Act et des règlements; je m'acquitterai fidèlment de mes fonctions et ne laisserai aucun intérêt personnel influencer ma conduite en matière publique;
je respecterai les exigences du School Act et des règlements relativement aux conflits d'intérêts et je respecterai, notamment, les exigences relatives à la divulgation d'intérêts pécuniares directs et indirects en quelque matière que ce soit.
DÉCLARÉ SOUS SERMENT/AFFIRMÉ SOLENNELLEMENT DEVANT MOI
à .....................................[ville], Colombie-Britannique
...............................[date] .
| ......................................................................... Commissaire à l'assermentation pour la Colombie-Britannique |
................................................. |
[am. B.C. Regs. 277/2002, s. (b); 468/2004; 262/2005, s. 11; 254/2006; 388/2007, Sch. 3, s. 1 (f);
[en. B.C. Reg. 262/2005, s. 8; am. B.C. Reg. 147/2008, Sch. 1, ss. 4 and 5.]
1 The following ministerial orders apply for the purposes of Part 8.1 of the School Act:
(a) Board Authorized Course Order, M285/04;
(b) Repealed. [B.C. Reg. 254/2006, s. (a).]
(c) Designation of Purpose for Non-instructional Days Order, M122/93;
(d) Educational Program Guide Order, M333/99;
(e) Graduation Program Order, M302/04;
(f) Graduation Requirements Order, M205/95;
(g) Individual Education Plan Order, M638/95;
(h) Investigation by Superintendent Order, M151/89;
(i) Repealed. [B.C. Reg. 468/2004.]
(j) Permanent Student Record Order, M190/91;
(k) Provincial Fees Order, M140/89;
(l) Provincial Letter Grades Order, M192/94;
(m) Required areas of Study in an Educational Program Order, M295/95;
(n) School and Student Data Collection Order, M152/89;
(o) Board of Education Fees Order, M236/2007;
(p) and (q) Repealed. [B.C. Reg. 147/2008, Sch. 1, s. 4 (b).]
(r) Special Needs Students Order, M150/89;
(s) Student Credentials Order, M164/96;
(t) Student Learning Assessment Order, M60/94;
(u) Student Progress Report Order, M191/94;
(v) Student Records Disclosure Order, M14/91;
(w) Support Services for Schools Order, M149/89;
(x) Work Experience Order, M282/04.
2 The following orders in council apply for the purposes of Part 8.1 of the School Act:
(a) Board Insurance Order, OIC 1390/87;
(b) Board of Examiners Order, OIC 779/95;
(c) Repealed. [B.C. Reg. 147/2008, Sch. 1, s. 5.]
(d) Workers' Compensation Coverage Order, OIC 1117/2004.
3 The following regulations apply for the purposes of Part 8.1 of the School Act:
(a) Repealed. [B.C. Reg. 277/2002, s. (b).]
(b) School Calendar Regulation, B.C. Reg. 114/2002;
(c) sections 1, 3 to 7, 9, 10, 12 and 13 of, and the Appendix to, the School Regulation, B.C. Reg. 265/89;
(d) Class Size Regulation, B.C. Reg. 245/2002.
Note: this regulation replaces B.C. Reg. 286/97.
[Provisions of the School Act, R.S.B.C. 1996, c. 412, relevant to the enactment of this regulation: sections 78 and 175]
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