Qp Date
This Act has "Not in Force" sections. See the Table of Legislative Changes.

Election Act

[RSBC 1996] CHAPTER 106

Contents
Part 1 — Interpretation and Application
1Definitions
2Time
3Amendments do not apply for 6 months unless notice given
3.1Act does not inhibit government or members
Part 2 — Election and Other Officials
 Division 1 — Chief Electoral Officer
4Appointment of chief electoral officer
5Impartiality
6Term of office
7Remuneration and pension
8Resignation, removal or suspension
9Acting chief electoral officer
10General staff of the chief electoral officer
11Expenses of administering Act
12Duties and powers of the chief electoral officer
13Reports to the Legislative Assembly
 Division 2 — Election Advisory Committee
14Establishment of Election Advisory Committee
15Meetings of committee
16Role of committee
 Division 3 — Election Officials
17Individuals prohibited from being appointed as election officials
18District electoral officers
19Voting officers and other election officials and staff
20Oath of office
21Terms of appointment
 Division 4 — Voter Registration Officials
22District registrars of voters
23Temporary voter registration officials
Part 3 — Calling an Election
24Order for a general election
25Order for a by-election
26Election called when writ of election issued
27General voting day
28Notice of election
Part 4 — Voters
 Division 1 — Qualifications
29Who may vote
30Individuals disqualified from voting
 Division 2 — Registration
31Who may register as a voter
32Rules for determining where an individual is resident
33When an individual may register
34Updating registration information
35Application for registration
36General registration
37Closed period for general registration
38Registration through agencies
39Special voter registration opportunities
39.1Registration and updating based on National Register of Electors information
40Automatic updating using driver's licence information
41Registration in conjunction with voting if identification documents available
41.1Registration in conjunction with voting if no identification documents
41.2Challenge of registration
42Enumerations
43Cancellation of enumeration if election called
44Voter registration officials conducting enumeration
 Division 3 — Lists of Voters
45Provincial List of Voters to be maintained
46Updating the Provincial list of voters
47Preparation of lists of voters for use in an election
48Access to lists of voters during election
49Objection to the registration of a voter
50Resolving objections
51Lists of voters generally
Part 5 — Candidates
 Division 1 — Nominations
52Who may be nominated
53Who may make nominations
54Nomination documents
55Nomination deposit
56Nomination by filing documents with the district electoral officer
57Standing nominations filed with the chief electoral officer
58Changes to nomination documents after filing
59Nomination documents available for public inspection
60Endorsement of candidate by registered political party
61Declaration of candidates and election
62Notice of election by voting
 Division 2 — Candidates
63When an individual is a candidate
64Withdrawal of candidate
65Death of candidate
66Challenge of candidate
67Candidate entitled to leave from employment
68Delivery of documents to candidates
 Division 3 — Candidate Representatives
69Appointment of official agent
70Appointment of scrutineers and other candidate representatives
71Notice of candidate agents
72Presence of candidate representatives at election proceedings
Part 6 — Voting
 Division 1 — Voting Opportunities
73Voting opportunities
74Time off from work for general voting
75General voting opportunities for an electoral district
76Advance voting opportunities for an electoral district
77Special voting opportunities
78Alternative absentee voting
79Notice of voting opportunities
 Division 2 — Arrangements for Voting
80Voting areas
81Voting places
82Voting stations
83Voting screens
84Voting books
85Ballot boxes
86Ballots
87Ballot papers, certification envelopes and other materials
88Assignment of election official responsibilities
 Division 3 — Voting Proceedings
89Each individual may vote only once in an election
90Voting to be by secret ballot
91How to mark a ballot
92Individuals who must be present at voting proceedings
93Individuals who may be present at voting proceedings
94Only one individual at a time may use a voting screen
95Sealing of ballot boxes
 Division 4 — Voting at a Voting Opportunity
96General voting
97Advance voting for an electoral district
98Voting at a special voting opportunity
99Absentee voting on general voting day in a different voting area
100Absentee voting at general voting for a different electoral district
101Absentee voting at an advance voting opportunity for a different electoral district
 Division 5 — Alternative Absentee Voting
102Who may vote by alternative absentee voting
103When an individual may vote by alternative absentee voting
104Voting at the office of the district electoral officer
105Obtaining an alternative absentee voting package
106Voting using an alternative absentee voting package
107Receipt of alternative absentee voting packages
108Special provision of alternative absentee voting packages for armed forces and others
 Division 6 — Special Circumstances
109Individuals needing assistance to mark their ballots
110Individuals unable to enter a voting place
111Challenge of a voter
112If another individual has already voted under a voter's name
113Replacement of spoiled ballot
114Time for voting extended
Part 7 — Counting of the Vote
 Division 1 — Initial Count
115What is the initial count
116When the initial count is to take place
117Where the initial count is to take place
118Who conducts the initial count
119Who must and may be present at the initial count
120Proceedings on the initial count
121Ballot account for initial count
122Consideration of ballots
123Rules for accepting and rejecting ballots
124Objections to the acceptance of a vote or the rejection of a ballot
125Preliminary election results
126Packaging and delivery of election materials to district electoral officer
 Division 2 — Final Count
127What is the final count
128When and where the final count is to take place
129Who conducts the final count
130Who must and may be present at the final count and preparations
131Certification envelope preparations for final count
132Proceedings on final count
133Ballot account for final count
134Consideration of certification envelopes
135Consideration of ballots from certification envelopes
136Recount by district electoral officer of ballots considered in initial count
137Declaration of official election results
138Preparation of election materials for delivery to chief electoral officer
 Division 3 — Judicial Recount
139Application for judicial recount by Supreme Court
140Notice of time and place for recount
141Individuals who may be present at a judicial recount
142Judicial recount procedure
143Results of judicial recount
144Appeal of judicial recount
145Procedure on appeal of judicial recount
 Division 4 — Final Proceedings
146Return of the writ of election
147Report of results of election by chief electoral officer
148By-election if tie vote
149Retention of election materials
Part 8 — Invalid Elections
150Application to court
151Power of the court on an application
152Costs of an application
153Report to the Legislative Assembly
Part 9 — Registration of Political Parties and Constituency Associations
 Division 1 — Registration
154Benefits of registration
155Registration of a political party
156Prohibitions regarding political party names and other identifications
157Registration of a constituency association
158Processing of applications for registration
159Changes in registration information
160Changes in political party name or form of identification
161Authority of principal officers
162Registers and other information to be open to the public
 Division 2 — Deregistration and Suspension
163How an organization may be deregistered
164Voluntary deregistration
165Deregistration of constituency association on request of its political party or MLA
166Automatic deregistration of constituency associations
167Automatic suspension of constituency associations
168Automatic deregistration of political party for failure to run candidates
169Notice of deregistration or suspension
 Division 3 — Effect of Deregistration
170Financial reports required on deregistration
171Assets of deregistered organization to be held in trust
172Disposition of assets of a political party
173Disposition of assets of a constituency association
174Reregistration
Part 10 — Election Financing
 Division 1 — Financial Officers
175Requirement for financial agent
176Appointment of financial agent
177Obligations of financial agent
178Deputy financial agents
179Appointment of auditor
 Division 2 — Definition and Valuation of Political Contributions and Expenses
180Political contributions generally
181Political contributions through loans and debts
182Political contributions through fundraising functions
183Election expenses
184Contestant expenses
185General valuation rules
 Division 3 — Making and Accepting Political Contributions
186Restrictions on making political contributions
187Restrictions on accepting political contributions
188Limits on anonymous contributions
189Prohibited contributions must be returned
190Financial agent must record each political contribution
191Candidate and constituency association records must be provided to political party
192Income tax receipts for political contributions
 Division 4 — Incurring Election and Contestant Expenses
193Restrictions on who may incur election and contestant expenses
194Restrictions on who may incur expenses equivalent to election expenses
195Time limit for demanding payment of election expenses
 Division 5 — Election Expenses Limits
196Election expenses in excess of limits prohibited
197Repealed
198Election expenses limit for registered political parties
199Election expenses limit for candidates
200Constituency association expenses on behalf of candidate
201Political party expenses on behalf of candidate
202New limits if by-election cancelled by general election
203Expenses not to be included in calculating amounts subject to limit
204Limits and adjustment to reflect changes in consumer price index
205Transfer of candidate's surplus election funds
 Division 6 — Reporting
206Reporting of information regarding political contributions
207Annual financial reports by registered political parties and constituency associations
208Personal expenses reports by candidates and leadership contestants
209Election financing reports by candidates
210Election financing reports by registered political parties and constituency associations
211Leadership contestant financing reports
212Supplementary reports
213General requirements for reports
214Auditing of reports
215Publication of election financing summary
 Division 7 — Penalties for Failure to Comply
216Publication of failure to comply
217Candidate who incurs election expenses over limit
218Political party that incurs election expenses over limit
219Court order for relief from election expenses limits
220Late filing of required reports
221Candidate who fails to file election financing report
222Leadership contestant who fails to file contestant financing report
223Deregistration of political party or constituency association for failure to file financial reports
224Deregistration of political party for failure of candidates to file election financing reports
225Court order for relief from filing obligations
226False or misleading reports in relation to candidates and leadership contestants
227False or misleading reports in relation to political parties and constituency associations
Part 11 — Election Communications
 Division 1 — General
228Election advertising
228.1Tenant and strata election advertising
229Sponsorship of election advertising
230No indirect sponsorship of election advertising
231Election advertising must identify sponsor
232Restriction on rates charged for election advertising
233Prohibition against certain election advertising on general voting day
233.1Prohibition against transmitting new poll results on general voting day
234Restriction on election campaigning near election offices and voting places
235Repealed
 Division 2 — Election Advertising Limits
235.1Third party advertising limits
235.2Penalties for exceeding third party advertising limit
235.3Court order for relief from advertising limit
236–238Repealed
 Division 3 — Registration of Sponsors
239Election advertising sponsors must be registered
240Registration with chief electoral officer
241Obligations of registered sponsor
242Voluntary deregistration
243Reregistration
 Division 4 — Disclosure of Independent Election Advertising
244Independent sponsors must file disclosure reports
245Contents of disclosure report
246Late filing of reports
247Failure to file reports
248Court order for relief from filing obligations
249Obligation to maintain records
250Information to be open to the public
Part 12 — Offences
251Penalties under this Part are in addition to any others
252Prosecution of offences
253Prosecution of organizations and their directors and agents
254Defence of due diligence
255Vote buying
256Intimidation
257Corrupt voting
258Subversion of election by an official
259Offences in relation to candidates
260Offences in relation to ballots and other election materials
261Offences in relation to voting and counting proceedings
262Offences in relation to the registration of political parties and constituency associations
263Offences in relation to election financing
264Offences in relation to election advertising and other promotion
265Offences in relation to election and other officials
266Offences in relation to false or misleading information
267Offence in relation to use of information
Part 13 — General
268Declarations required under this Act
269Exceptional assistance for signature or translation
270Public notice requirements
271Filing documents with chief electoral officer
272Adjournment of election proceedings
273Keeping peace and order at election proceedings
274Proof that an individual has voted
275Access to and use of information in records
276Investigations and audits by chief electoral officer
277Complaints regarding contraventions of this Act
278Enforcement of election expenses penalties
279Enforcement of Act by court injunction
280Emergencies and other extraordinary circumstances
281Test of new election procedures in a by-election
282Plebiscites on matters of public concern
283Regulations of the chief electoral officer
Schedule