Interpretation

1   (1) In this Act

"candidate" means a person who is nominated as a candidate in an election under this Act;

"chief electoral officer" means the chief electoral officer appointed under the Election Act.

(2) Except as provided in this Act, words and phrases used in this Act have the meanings given to them in the Election Act.

1990-70-1.

Application of Election Act

2   (1) Subject to this Act and the regulations, the Election Act applies to an election under this Act as if it were a general election under the Election Act.

(2) Section 2 (1) of the Financial Disclosure Act applies with respect to a person who accepts a nomination as a candidate under this Act.

1990-70-2.

Authorization to commence election

3   (1) If one or more vacancies exist among the members representing British Columbia in the Senate of Canada on the day of the issue of the writs of election under the Election Act for the general election next occurring after the coming into force of this Act, the Lieutenant Governor in Council shall initiate an election under this Act by

(a) issuing a writ of election in the prescribed form addressed to the chief electoral officer and setting out the date of the election, and

(b) setting out the number of persons to be elected.

1990-70-3.

Eligibility as election officers

4   A member of the Senate of Canada may not be appointed as a returning officer, deputy returning officer, election clerk or poll clerk for the purpose of conducting an election under this Act.

1990-70-4.

Eligibility for nomination

5   A person is eligible to be nominated as a candidate in an election under this Act if

(a) on the day the nomination paper is filed with the chief electoral officer under section 6, the person

(i) meets the qualifications set out in section 23 of the Constitution Act, 1867,

(ii) is not a member of the House of Commons or Senate of Canada, and

(iii) is not a member of the Legislative Assembly,

(b) the person is qualified to be nominated as a candidate under section 55 of the Election Act as that section applies to this Act, and

(c) the person is not a candidate at the general election under the Election Act.

1990-70-5.

Nomination of candidates

6   (1) At any time following the publication referred to in section 42 of the Election Act and before 2 p.m. on the day fixed for the closing of nominations, a number of registered voters equal to that required under subsection (2) of this section may nominate a candidate by signing a nomination paper in the prescribed form and filing it with the chief electoral officer.

(2) The minimum number of registered voters required to sign a nomination paper is 25 for each electoral district as though the nomination were under section 56 (1) of the Election Act in an electoral district having fewer than 10 000 registered voters, for an aggregate number of not less than 1 875 registered voters.

1990-70-6.

Declaration

7   (1) If only one person is to be elected under this Act, the candidate with the highest number of votes shall be declared elected.

(2) If more than one person is to be elected under this Act, the candidate with the highest number of votes shall be declared elected and the candidate with the next highest number of votes shall be declared elected and so on until the number of candidates to be elected at the election under this Act are declared elected.

1990-70-7.

Submission to Prime Minister

8   The President of the Executive Council shall advise the Prime Minister of Canada that it is the desire of the people of British Columbia that they be represented in the Senate of Canada by the person or persons declared elected under this Act.

1990-70-8.

Regulations

9   (1) The Lieutenant Governor in Council may make regulations, including regulations

(a) respecting the duties of the chief electoral officer and of returning officers, deputy returning officers, election clerks and poll clerks,

(b) respecting ballots, forms, notices and oaths to be used for the purpose of an election under this Act, and

(c) governing the application of the Election Act for the purpose of this Act and specifying which provisions of that Act do and do not apply to an election under this Act and varying the provisions of the Election Act to the extent the Lieutenant Governor in Council considers necessary.

(2) A form, oath or notice prescribed under the Election Act may be combined with a form, oath or notice, as the case may be, prescribed under this Act, and the form, oath or notice is valid for both the general election under the Election Act and the election under this Act.

1990-70-9.