Qp Date

Recall and Initiative Act

[RSBC 1996] CHAPTER 398

Part 3 — Recall

Division 1 — Recall Petition

Application for recall petition

19  (1) A registered voter for an electoral district may apply under subsection (2) for the issuance of a petition for the recall of the Member of the Legislative Assembly for that electoral district.

(2) The application for the issuance of a recall petition must be made to the chief electoral officer and contain the following:

(a) the name of the Member;

(b) the name and residential address of the applicant;

(c) a statement, not exceeding 200 words, setting out why, in the opinion of the applicant, the recall of the Member is warranted;

(d) a solemn declaration of the applicant that he or she is not disqualified under this Act from making the application;

(e) any other information that may be prescribed.

(3) The application for the issuance of a recall petition must be accompanied by a processing fee of $50.

(4) No application for the issuance of a recall petition may be made during the 18 months following general voting day for the last election of the Member.

Issue of recall petition

20  (1) If satisfied that the requirements of section 19 have been met, the chief electoral officer must

(a) notify the proponent, the Member in relation to whom the petition is to be issued and the Speaker that the application has been approved in principle, and

(b) issue the petition in the form set out in the regulations within 7 days after notice is given in accordance with paragraph (a).

(2) A recall petition must be signed within 60 days from the date on which it is issued by the chief electoral officer.

(3) Once an application has received approval in principle, it may be inspected at the office of the chief electoral officer during its regular office hours.

Who may sign a recall petition

21  (1) In order to sign a recall petition, an individual

(a) must have been a registered voter for the electoral district for which the Member was elected on general voting day for the last election of the Member, and

(b) on the date he or she signs the petition, must be a registered voter for an electoral district in British Columbia.

(2) An individual may sign any one recall petition only once.

(3) An individual who signs a recall petition must also indicate his or her residential address on the petition.

Who may canvass for signatures

22  (1) A registered voter may canvass for signatures on a recall petition if, before the date on which he or she begins canvassing,

(a) the voter has been resident in British Columbia for at least 6 months, and

(b) the voter has registered his or her name and residential address with the chief electoral officer.

(2) A person must not, directly or indirectly, accept any inducement for canvassing for signatures on a recall petition.

(3) A person must not, directly or indirectly, pay, give, lend or procure any inducement for a person who canvasses for signatures on a recall petition.

Requirements for recall petition

23  (1) A recall petition must comply with the following requirements:

(a) the petition must be submitted to the chief electoral officer within 60 days after the date on which the petition was issued under section 20;

(b) the petition must be signed by more than 40% of the total number of individuals who are entitled to sign the recall petition under section 21.

(2) To be counted for the purpose of subsection (1) (b), a signature on the petition must be accompanied by the residential address of the individual who signed and must be witnessed by the individual who canvassed the signature.

Time limit for determination

24  When a recall petition is submitted to the chief electoral officer, he or she must determine within 42 days and in accordance with the regulations, if any, whether the petition meets the requirements of section 23.

Result of successful recall petition

25  (1) If the chief electoral officer determines that

(a) the recall petition meets the requirements of section 23, and

(b) the proponent has complied with Part 7,

the Member ceases to hold office and the seat of the Member becomes vacant.

(2) The chief electoral officer must report to the Member and to the Speaker of the Legislative Assembly as soon as possible after making a determination under subsection (1).

Division 2 — By-election

Election

26  When a Member's office becomes vacant as the result of a recall petition, an election must be held to fill the vacancy in accordance with section 35 of the Constitution Act.

Prohibition on multiple elections with respect to the same electoral district

27  Only one election for any electoral district may be held under this Act during the period between general elections.

Application of Election Act

28  The Election Act applies to an election under this Act.

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