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This Act is current to April 23, 2024
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

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
19Election 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
27Final 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 of information about voters and future voters
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 list of voters for use in election
48Access to list of voters during election
49Objection to the registration of a voter
50Resolving objections
51Lists of voters generally
51.01Voter participation information
Division 4 — List of Future Voters
51.02List of future voters
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
59.01Information about nomination contests
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 voting
75Final voting opportunities for electoral district
76Advance voting opportunities for an electoral district
77Special voting opportunities
78Specified alternative voting options
79Notice of voting opportunities
Division 1.1 — Voting Administration Tools
79.01Voting administration tools
79.02Use of electronic voting book
79.03Use of ballot printer
79.04Use of vote-counting equipment
79.05Depositing ballot in ballot box
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
95.01Before first use of vote-counting equipment
Division 4 — Voting at a Voting Opportunity
96Final voting
97Advance voting
98Voting at a special voting opportunity
99Repealed
100Repealed
101Repealed
Division 5 — Alternative Voting Options
102Alternative voting options — general
103Repealed
104Voting at office of district electoral officer
104.01Voting with mail-in voting package
105How to obtain mail-in voting package
105.01How to arrange for replacement of mail-in voting package
106How to vote using mail-in voting package
107Receipt of mail-in voting packages
108Special provision of mail-in voting packages for armed forces and others
108.01Assisted telephone voting
108.02Voting in exceptional circumstances
Division 6 — Special Circumstances
109Individuals needing assistance — voting in person
109.01Individuals needing assistance — mail-in voting
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 initial count
120Proceedings on the initial count — without vote-counting equipment
120.01Proceedings on the initial count — with vote-counting equipment
120.02Quality assurance process
121Ballot account for initial count
122Consideration of ballots — without vote-counting equipment
122.01Consideration of certification envelopes
122.02Consideration of ballots from certification envelopes
122.03Early consideration of certification envelopes and ballots from certification envelopes
123Rules for accepting and rejecting ballots
124Objections to the acceptance of a vote or the rejection of a ballot — without vote-counting equipment
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 final count is to take place
129Who conducts final count
130Who must and may be present at final count and preparations
131Certification envelope preparation for final count
132Proceedings on final count
133Ballot account for final count
134Consideration of certification envelopes
135Consideration of ballots from certification envelopes
136Recount 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
181Loans and guarantees
181.01Debts
182Political contributions through fundraising functions
183Election expenses
184Contestant expenses
185General valuation rules
Division 2.1 — Specified Fundraising Functions
185.01Specified fundraising function in private residence
185.02Information respecting specified fundraising function
Division 3 — Making and Accepting Political Contributions
186Restrictions on making political contributions
186.01Political contribution limits
186.02Political contributions not to be included as political contributions subject to limit
186.03Testamentary instruments
187Restrictions on accepting political contributions
188Limits on anonymous contributions
189Prohibited contributions must be returned
190Financial agent must record each political contribution
191Records 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 as election expenses subject to limit
204Limits and adjustment to reflect changes in consumer price index
205Repealed
Division 6 — Reporting
206Reporting of information regarding political contributions
207Annual financial reports by registered political parties and constituency associations
207.01Interim financial reports by registered political parties eligible for allowances
208Personal expenses reports by candidates, leadership contestants and nomination contestants
209Election financing reports by candidates
210Election financing reports by registered political parties and constituency associations
210.01Transfer of candidate's surplus election funds
211Leadership contestant financing reports
211.01Nomination contestant financing reports
211.02Transfer of nomination contestant's surplus funds
212Supplementary reports
213General requirements for reports
214Auditing of reports
215Repealed
215.01Publication of reports on internet
Division 6.1 — Allowance and Reimbursement to Political Parties
215.02Annual allowance to political party
215.03Repealed
215.04Reimbursement of election expenses
215.05Use of reimbursement
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
220.01Monetary penalties for making or accepting prohibited loan or guarantee
220.02Monetary penalties for accepting political contributions from specified fundraising functions in private residences
220.03Monetary penalties for failure to provide information respecting specified fundraising functions
220.04Monetary penalties respecting prohibited political contributions
220.05Monetary penalties for exceeding political contribution limits
220.06Monetary penalties respecting accepting political contributions
220.07Monetary penalties respecting anonymous political contributions
220.08Monetary penalties for failure to return political contributions
220.081Monetary penalties for failure to file supplementary report
220.09Court order relief respecting monetary penalties
220.10Publication of names
220.11Nomination contestant who fails to file contestant financing report
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 10.1 — Election Communications
228Repealed
228.01Canvassing in housing cooperative, strata and rental properties
228.1Tenant and strata election advertising
229Sponsorship of election advertising
230No indirect sponsorship of election advertising
231Election advertising must identify sponsor
231.01Identification of sponsor — activities
231.02Monetary penalties for failure to identify sponsor
231.03Notice to stop transmitting
232Restriction on rates charged for campaign period election advertising
233Prohibition against certain campaign period election advertising on final voting day
233.1Prohibition against transmitting new poll results on final voting day
234Restriction on election campaigning near election offices and voting places
234.1Transmission of false statement to affect election results
234.2Transmission of false statement about election official and voting administration tools
234.3Transmission of false election information
234.4Transmission of unauthorized material or information
234.5Misrepresentation
234.6Penalties for certain false statements and misrepresentation
234.7Publication of names in relation to monetary penalties
235Repealed
Part 11 — Third Party Advertising
Division 1 — Sponsorship Contributions
235.01Definition
235.02Sponsorship contributions
235.021Loans and guarantees to third party sponsors
235.03Debts
235.031Sponsorship contributions through fundraising functions
235.04Making and using sponsorship contributions
235.041Contributor confirmation and consent in relation to sponsorship contributions
235.05Sponsorship contribution limits
235.051Restrictions on sponsorship contributions
235.06Limits on anonymous sponsorship contributions
235.061Prohibited sponsorship contributions must be returned
235.07Sponsorship contributions over specified amount
235.071Requirement for sponsorship account
235.08Subsequent sponsorship account
Division 2 — Third Party Advertising Limits
235.081Value of election advertising
235.1Third party advertising limits
235.2Penalties for exceeding advertising limit
235.3Court order for relief from advertising limit
236-238Repealed
Division 3 — Registration of Sponsors
239Third party sponsors must be registered
240Registration with chief electoral officer
240.01Register of third party sponsors
241Obligations of third party sponsor
242Voluntary deregistration
243Reregistration
Division 4 — Reporting by Third Party Sponsors
243.01Disclosure reporting by third party sponsor
244Election advertising disclosure reports by third party sponsors
245Contents of disclosure report
245.01Requirement for audit
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
250.001Publication of failure to comply
Division 4.1 — Independence of Third Party Sponsors
250.002Prohibition against collusion
Division 5 — Monetary Penalties for Third Party Sponsors
250.01Monetary penalties respecting making and using sponsorship contributions
250.02Monetary penalties respecting sponsorship contribution limits
250.03Monetary penalties respecting sponsorship contributions
250.04Monetary penalties respecting anonymous sponsorship contributions
250.05Monetary penalties respecting return of sponsorship contributions
250.06Monetary penalties respecting sponsorship contributions over specific amount
250.07Monetary penalties for failing to register
250.071Monetary penalties for collusion
250.08Court order for relief respecting penalties for third party sponsors
250.09Publication of names
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
266.1Offences in relation to false statements and unauthorized material or information
266.2Offences in relation to misrepresentation
267Offence in relation to use of information
Part 13 — General
268Declarations required under this Act
269Exceptional assistance for signature or translation
270Public notice requirements
270.01Publication of adjusted amounts and additional amounts
271Filing documents with chief electoral officer
272Adjournment of election proceedings
273Keeping peace and order at election proceedings
274When has individual voted and proof that individual has voted
275Access to and use of information in records
276Enforcement of penalties
276.01Notice to advertiser to produce information
276.02Order to produce information or records required by chief electoral officer
276.03Additional powers of chief electoral officer to require information
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

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