Definitions

1  In this regulation:

"Act" means the Community Financial Services Act;

"corporation" means the B.C. Community Financial Services Corporation;

"candidate" means a person who

(a) is eligible to be elected to the advisory council under section 3, and

(b) has submitted a candidate declaration form to the chair of the election committee under section 7;

"deposit account" means an account used for depositing money that is repayable to the depositor on demand, after notice, or on the expiry of a specific term, but does not include a registered retirement account;

"depositor" has the same meaning as in section 10 of the Act;

"eligible voter" means a person who is eligible under section 2 to vote in an election for the advisory council.

 Who is eligible to vote for members of the advisory council?

2  Subject to section 12, a person may vote in an election for the advisory council of the corporation if, on the date of the election, the person is

(a) resident in British Columbia,

(b) at least 18 years of age, and

(c) a depositor.

 Who may be elected to the advisory council?

3  A person may be elected to the advisory council of the corporation if, on the date of the advisory council election, the person is

(a) a depositor, and

(b) at least 18 years of age.

 When are elections to be held?

4  (1)  Subject to subsection (2), an advisory council election, other than the first advisory council election, must be held within 30 days following the second anniversary date of the previous advisory council election.

(2)  If, before the date on which an advisory council election is to be held under subsection (1), the advisory council has no members as a result of all of the members dying or resigning, the advisory council election must be held as soon as is reasonably practicable.

 Election committee

5  (1)  Subject to subsections (2) and (3), at least 90 days before an advisory council election, the following persons must form and join an election committee:

(a) the general manager of the corporation;

(b) the members of the advisory council who do not intend to stand for re-election at that election.

(2)  For the first election of an advisory council, at least 90 days before the election, the following persons must form and join an election committee:

(a) the general manager of the corporation;

(b) the individuals who were appointed to the advisory council under section 10 (3) of the Act and who do not intend to stand for election at that election.

(3)  Subject to subsection (4), the individuals who form and join an election committee under subsection (1) or (2) may, by majority vote, appoint as members of that committee one or more depositors.

(4)  An election committee to which depositors are appointed under subsection (3) must not, after those appointments, have more than 9 members including the general manager.

(5)  In the case of an election under section 4 (2) or an election in which all of the members of the advisory council intend to stand for re-election,

(a) the board of directors may, by majority vote, appoint not more than 8 depositors to the election committee, and

(b) the election committee must comprise the general manager of the corporation and the depositors appointed under paragraph (a).

(6)  The members of the election committee must choose from among themselves one person to act as chair of the committee and one person to act as vice chair.

(7)  The election committee is responsible for conducting the upcoming advisory council election and, without limiting this, must

(a) set the time, date and place of the advisory council election,

(b) prepare the election package referred to in section 6 (2) (d),

(c) prepare and provide to the chair of the committee at least 60 days before the advisory council election the guide to the duties and responsibilities of the advisory council referred to in section 8 (1) (a) (i),

(d) prepare and provide to the chair of the committee at least 60 days before the advisory council election the guidelines respecting campaigning for election referred to in section 8 (1) (a) (ii),

(e) prepare, at least 60 days before the advisory council election, and maintain, in a current form to the time of the advisory council election, a list of the individuals who hold the qualifications referred to in section 2,

(f) prepare an information sheet on each of the candidates for election, including any biography of the candidates provided under section 8 (2), and distribute that information in accordance with section 11 (1),

(g) prepare the ballots and control the distribution of those ballots at the election,

(h) determine the acceptability of the ballots cast in the election in accordance with section 13 and count the accepted ballots,

(i) declare and notify the winners of the election, and

(j) ask a representative from Elections B.C. to observe the election and, following the election, to make any recommendations that representative considers appropriate as to how the administration of future elections could be improved.

[am. B.C. Reg. 299/97, s. 1.]

 Notice of the advisory council election

6  (1)  At least 60 days before the date of each advisory council election, the chair of the election committee must deliver or mail notice of the upcoming election to all depositors.

(2)  The notice provided under this section must include

(a) the date, time and place of the advisory council election,

(b) a notice that not more than 7 candidates are to be elected to the advisory council at the advisory council election,

(c) notice of any other business to be conducted at the upcoming meeting, and

(d) an election package consisting of at least the following:

(i)  a description of the qualifications a person will need to be eligible to vote in the advisory council election;

(ii)  a description of the identification materials a person will be required to show to be able to vote;

(iii)  a description of the qualifications a person must have to be eligible to be elected to the advisory council;

(iv)  a request for volunteers for candidates for the election;

(v)  an explanation as to how and when volunteers must provide notice of their intention to stand for election;

(vi)  a blank candidate declaration form in the form set out in Schedule 1;

(vii)  the date when information on the candidates for office will be available to voters;

(viii)  the name and telephone number of a person who will be able to answer questions about the upcoming election.

(3)  In addition to the notice required under subsections (1) and (2), the chair of the election committee must,

(a) at least 60 days before the date of each advisory council election, deposit copies of the election package at the corporation, and

(b) at least 30 days before the date of each advisory council election, cause to be published in at least 2 newspapers having general circulation in the Vancouver inner city,

(i)  a notice containing the information referred to in subsection (2) (a), (b) and (c), and

(ii)  a notice that copies of the election package will be available at the corporation to all depositors.

(4)  The accidental omission to mail the material referred to in this section to any depositor or the non-receipt of the material does not invalidate an election.

[am. B.C. Reg. 299/97, s. 2.]

 How may a person volunteer to stand for election to the advisory council?

7  A person who is prepared to stand for election to the advisory council must, at least 30 days before the advisory council election, sign and provide to the chair of the election committee a candidate declaration form in the form set out in Schedule 1.

 Information to be provided

8  (1)  Promptly after receiving a completed candidate declaration form, the chair of the election committee must

(a) provide to the candidate

(i)  a guide to the duties and responsibilities of the advisory council, and

(ii)  the guidelines respecting campaigning for election, and

(b) make available to the candidate any of the following that may be requested by the candidate:

(i)  a copy of the Community Financial Services Act;

(ii)  a copy of any regulations made under the Community Financial Services Act;

(iii)  a copy of the Financial Institutions Act;

(iv)  a copy of the corporation's annual report from the previous year;

(v)  a copy of that portion of the business plan most recently approved by Treasury Board that the corporation, in its sole discretion, considers appropriate to disclose.

(2)  A candidate may include with his or her candidate declaration form his or her biography of not more than 200 words.

(3)  A candidate is not entitled to receive any list of or personal or account information respecting the depositors.

[am. B.C. Reg. 299/97, s. 3.]

 How long may members serve on the advisory council?

9  The term of office of a member of the advisory council is 2 years, beginning on the date following the advisory council election at which the person is elected and ending on the date of the next advisory council election.

 Elections by acclamation

10  (1)  At least 21 days before the advisory council election, the chair of the election committee must,

(a) if there are not more than 5 candidates all of whom reside in the Vancouver inner city, declare that those candidates are elected,

(b) if there are 5 candidates who reside in the Vancouver inner city and not more than 2 other candidates, declare that those candidates are elected, or

(c) in any other case, continue with the advisory council election.

(2)  If the members of the advisory council are elected by acclamation under subsection (1) (a) or (b),

(a) the election is concluded and no balloting is to take place,

(b) the chair of the advisory council must provide notice of the outcome of the election in accordance with section 14 (b) and (c), and

(c) the terms of the sitting members of the advisory council expire on and the terms of the newly elected members of the advisory council commence on the date that was scheduled for the advisory council election.

 Information on candidates and election procedures

11  (1)  The chair of the election committee must ensure that, at least 21 days before the advisory council election, information on the candidates and election procedures is available for pickup at the corporation by eligible voters.

(2)  Subject to section 12 (5), a candidate must not do any campaigning on the property of the corporation before or at the advisory council election.

 Voting procedures

12  (1)  An eligible voter wishing to vote in an advisory council election must

(a) attend the advisory council election and vote in person, and

(b) comply with subsection (7).

(2)  Subject to section 13 (5), an eligible voter must not vote more than once in the same advisory council election.

(3)  In order to obtain a ballot under this section, an eligible voter must confirm his or her identity by showing to the person providing the ballots one of the following:

(a) an identification card issued by the corporation;

(b) one piece of picture identification;

(c) 2 pieces of other identification.

(4)  A ballot must list all of the candidates for the election and must identify which of the candidates reside in the Vancouver inner city.

(5)  Before the voting begins, each candidate may address the eligible voters for a period of not more than 2 minutes.

(6)  An eligible voter may vote for any number of candidates, up to a maximum of 7, by placing a tick or a cross in the blank space provided on the ballot opposite the name of each candidate for whom the eligible voter wishes to vote and depositing the completed ballot in the ballot box.

(7) and (8)  Repealed. [B.C. Reg. 299/97, s. 4.]

[am. B.C. Reg. 299/97, s. 4.]

 How the outcome of the election is determined

13  (1)  At the conclusion of the election, the ballots cast in the election must be provided to the election committee.

(2)  The election committee must reject a ballot if it

(a) contains a marking that could identify the voter,

(b) contains votes for more candidates than the number to be elected,

(c) is dissimilar to those issued by the election committee,

(d) contains a vote for a person other than a candidate whose name appears on the ballot, or

(e) is ambiguous or unclear as to the candidates voted for.

(3)  Each candidate may have one representative present during the assessment and counting of the ballots.

(4)  The election committee must count the accepted votes and must declare elected,

(a) if there are at least 5 candidates who reside in the Vancouver inner city,

(i)  5 candidates who reside in the Vancouver inner city and who received the greatest number of accepted votes, and

(ii)  those of the remaining candidates who received the greatest number of votes, until the total number of candidates declared elected equals 7 or less, or

(b) if there are fewer than 5 candidates who reside in the Vancouver inner city, only those candidates who reside in the Vancouver inner city.

(5)  If not all candidates who are to be elected can be determined because of an equality of votes, the chair of the election committee must, subject to subsection (4),

(a) provide to any eligible voter present who wishes one, a blank ballot,

(b) advise those eligible voters of the names of the candidates who received an equality of votes,

(c) indicate to those eligible voters how many of those candidates may be voted for on the ballot, and

(d) direct those eligible voters to record on the ballot the names of the candidates referred to in paragraph (b) for whom they wish to vote, up to the number to be elected, and to deliver the completed ballots, within a specified time, to the chair of the election committee or to the person or persons he or she directs.

(6)  After the expiry of the time specified by the chair of the election committee under subsection (5) (d), the ballots cast in the vote referred to in subsection (5) must be provided to the election committee and subsections (2) and (4) apply.

(7)  Each of the candidates referred to in subsection (5) (b) may have one representative present during the assessment and counting of the ballots.

[am. B.C. Reg. 299/97, s. 5.]

 Results of election

14  Promptly after determining the candidates who have been elected to the advisory council, the chair of the election committee must

(a) announce at the advisory council election the outcome of the election,

(b) notify each candidate as to the outcome of the election, and

(c) post for a period of 30 days, in a conspicuous location in the corporation, the names of the persons elected to the advisory council.

 Alternates

15  (1)  In this section:

"departing member" means a person elected to the advisory council who, before the expiry of his or her term of office, dies or resigns or otherwise becomes incapable of completing that term of office;

"qualified candidate" means a candidate who, in the most recent election held under this regulation,

(a) was not elected to the advisory council, and

(b) obtained at least 15% of the number of votes obtained by the elected candidate who obtained the least number of votes in that election.

(2)  If a person elected to the advisory council dies or resigns or otherwise becomes incapable of completing his or her term of office before the expiry of that term of office, the advisory council must provide a notice that complies with subsection (3)

(a) to the qualified candidate who received the greatest number of votes in the most recent election held under this regulation, or

(b) if the departing member was elected under section 13 (4) (a) (i), to the qualified candidate residing in the Vancouver inner city who received the greatest number of votes in the most recent election held under this regulation.

(3)  A notice under subsection (2) must

(a) indicate that the departing member will not be completing his or her term of office,

(b) offer to the qualified candidate the opportunity to hold office as an alternate for the departing member for the balance of the departing member's term, and

(c) ask the qualified candidate to notify the advisory council within 14 days after receipt of the notice whether that candidate is prepared to accept that offer.

(4)  If a qualified candidate to whom an offer is made under subsection (3) (b) accepts that offer within the 14 day period specified in subsection (3) (c), the advisory council must promptly appoint that person as a member of the advisory council to serve as an alternate for the departing member for the remainder of the departing member's term.

(5)  If a qualified candidate to whom an offer is made under subsection (3) (b) does not accept that offer within the 14 day period specified in subsection (3) (c) or rejects that offer, the advisory council must comply with subsections (2) to (4) in relation to the qualified candidate

(a) who received the next greatest number of votes in the most recent election held under this regulation, and

(b) if the departing member was elected under section 13 (4) (a) (i), who maintains his or her principal residence in the Vancouver inner city.

(6)  The advisory council must comply with subsection (5) until an alternate is appointed for the departing member under subsection (4) or until

(a) there are no qualified candidates remaining, or

(b) if the departing member was elected under section 13 (4) (a) (i), there are no qualified candidates remaining who maintain their principal residence in the Vancouver inner city.

(7)  Promptly after determining the qualified candidate who will serve as an alternate for the departing member, the advisory council must post for a period of 30 days, in a conspicuous location in the corporation,

(a) the name of that qualified candidate, and

(b) the name of the departing member for whom the qualified candidate is appointed as an alternate.

[en. B.C. Reg. 5/2000.]