Section 1 (1) definition of "volunteer" BEFORE amended by 2002-60-1, effective October 31, 2002 (Royal Assent).

"volunteer" means, in relation to services, an individual providing the services as described in section 180 (5) (a) (i) to (iv);

  Section 1 definition of "National Register of Electors information" was added by 2004-51-2, effective May 20, 2004 (Royal Assent).

  Section 1 definitions of "close of general voting" and "election official responsible" BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

"close of general voting" means the end of voting hours set by or under this Act for a general voting opportunity;

"election official responsible" means, in relation to election proceedings, the election official assigned responsibility for those proceedings by or under this Act;

  Section 1 definition of "conduct" BEFORE repealed by 2008-41-1, effective May 29, 2008 (Royal Assent).

"conduct" includes, in relation to election advertising, publish;

  Section 1 definition of "spouse" paragraph (b) BEFORE amended by 2011-25-323, effective March 18, 2013 (BC Reg 131/2012).

(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender;

  Section 1 was renumbered as section 1 (1) by 2017-20-1(a), effective November 30, 2017 (Royal Assent).

  Section 1 (1) definition of "campaign period election advertising" was added by 2017-20-1(b), effective November 30, 2017 (Royal Assent).

  Section 1 (1) definition of "candidate" BEFORE amended by 2017-20-1(c), effective November 30, 2017 (Royal Assent).

"candidate" means an individual who is a candidate within the meaning of section 63, and for the purposes of Parts 10 and 11 includes an individual who becomes a candidate or who was a candidate;

  Section 1 (1) definitions of "contributor confirmation", "contributor consent", "election advertising", "election opinion survey", "Elections BC", "Elections BC authorized internet site", "eligible individual", "major political party", "permissible loan", "pre-campaign period" and "pre-campaign period election advertising" were added by 2017-20-1(b), effective November 30, 2017 (Royal Assent).

  Section 1 (1) definition of "registered", paragraph (c) BEFORE amended by 2017-20-1(d), effective November 30, 2017 (Royal Assent).

(c) in relation to a sponsor of election advertising, an individual or organization registered as a sponsor under Division 3 of Part 11;

  Section 1 (1) definitions of "specified fundraising function", "sponsorship account", "sponsorship contribution" and "third party sponsor" were added by 2017-20-1(b), effective November 30, 2017 (Royal Assent).

  Section 1 (2) and (3) were added by 2017-20-1(e), effective November 30, 2017 (Royal Assent).

  Section 1 (1) definition of "campaign period election advertising" paragraph (d) BEFORE amended by 2019-42-1(d), effective November 28, 2019 (Royal Assent).

(d) the transmission by an individual, on a non-commercial basis on the internet, or by telephone or text messaging, of his or her personal political views;

  Section 1 (1) definitions of "holiday" and "list of future voters" were added by 2019-42-1(k), effective November 28, 2019 (Royal Assent).

  Section 1 (1) definition of "list of voters" BEFORE amended by 2019-42-1(l), effective November 28, 2019 (Royal Assent).

"list of voters" means a list of voters prepared under Part 4 that is all or part of the Provincial List of Voters referred to in section 45;

  Section 1 (1) definition of "pre-campaign period election advertising" paragraph (d) BEFORE amended by 2019-42-1(n), effective November 28, 2019 (Royal Assent).

(d) the transmission by an individual, on a non-commercial basis on the internet, or by telephone or text messaging, of his or her personal political views;

  Section 1 (1) definition of "specified fundraising function" paragraph (b), subparagraph (v) was added by 2019-42-1(o), effective November 28, 2019 (Royal Assent).

  Section 1 (1) definition of "youth" was added by 2019-42-1(s), effective November 28, 2019 (Royal Assent).

  Section 1 (1) definition of "tax receipt" BEFORE amended by 2020-18-6, effective August 14, 2020 (Royal Assent).

"tax receipt" means a receipt issued under section 20 of the Income Tax Act;

  Section 1 (1) BEFORE amended by 2019-42-1(rem) and 2019-42-154,Sch 2, effective March 11, 2022 (BC Reg 57/2022).

(1) In this Act:

"absentee voting" means voting referred to in section 73 (d) or (e);

"advance voting" means voting under section 97 at an advance voting opportunity for the electoral district for which an individual is a voter;

"advance voting opportunity" means a voting opportunity under section 76;

"alternative absentee voting" means voting under Division 5 of Part 6;

"auditor" means an auditor appointed under section 179;

"by-election" means an election other than one conducted as part of a general election;

"calling an election" means calling an election within the meaning of section 26 (3);

"campaign period" means, in relation to an election, the period between when the election is called and the close of general voting for the election;

"campaign period election advertising" means the transmission to the public by any means, during the campaign period, of an advertising message that promotes or opposes, directly or indirectly, a registered political party or the election of a candidate, including an advertising message that takes a position on an issue with which a registered political party or candidate is associated, but does not include

(a) the publication without charge of news, an editorial, an interview, a column, a letter, a debate, a speech or a commentary in a bona fide periodical publication or a radio or television program,

(b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election,

(c) the transmission of a document directly by a person or a group to their members, employees or shareholders, or

(d) the transmission by an individual, on a non-commercial basis on the internet, or by telephone or text messaging, of the individual's personal political views;

"candidate" means an individual who is a candidate within the meaning of section 63, and for the purposes of Parts 10, 10.1 and 11 includes an individual who becomes a candidate or who was a candidate;

"candidate representative" means the financial agent of a candidate, the official agent of a candidate or another candidate representative appointed under Division 3 of Part 5;

"chief electoral officer" means an individual appointed under section 4 as Chief Electoral Officer or under section 9 as acting chief electoral officer;

"close of general voting" means the end of voting hours set under this Act for a general voting opportunity;

"constituency association" means an organization referred to in section 157 (1);

"contestant expense" means a contestant expense within the meaning of section 184;

"contributor confirmation" means a confirmation under section 235.04 (3) (a);

"contributor consent" means consent under section 235.04 (3) (b);

"district electoral officer" means a district electoral officer appointed under section 18;

"district registrar of voters" means a district registrar of voters appointed under section 22;

"election" means an election of an individual to serve as a member of the Legislative Assembly;

"election advertising" means the following:

(a) campaign period election advertising;

(b) pre-campaign period election advertising;

"election expense" means an election expense within the meaning of Division 2 of Part 10;

"election expenses limit" means the applicable limit established by Division 5 of Part 10;

"election official" means

(a) the chief electoral officer and the deputy chief electoral officer,

(b) an individual appointed as a district electoral officer or deputy district electoral officer under section 18,

(c) an individual appointed under section 19 (1) or section 88 (3) or (4), or

(d) an individual appointed as an election official for the purposes of section 108;

"election official responsible" means, in relation to election proceedings, the election official assigned responsibility for those proceedings under this Act;

"election opinion survey" means an opinion survey respecting an election or a matter of public discussion in relation to the election, including an opinion survey respecting an issue discussed publicly in the election;

"election period" means, in relation to an election, the period between when the writ for the election is issued and the date set for the return of that writ;

"Elections BC" means the office administered by the chief electoral officer;

"Elections BC authorized internet site" means an internet site

(a) maintained by Elections BC, or

(b) authorized by the chief electoral officer to be used for purposes of this Act;

"electoral district" means an electoral district referred to in section 18 of the Constitution Act;

"eligible individual" means an individual who is, or was immediately before the date of the individual's death,

(a) a resident of British Columbia, and

(b) a Canadian citizen or a permanent resident as defined in the Immigration and Refugee Protection Act (Canada);

"final count" means the count of votes conducted under Division 2 of Part 7;

"financial agent" means a financial agent within the meaning of section 175;

"fundraising function" includes a social function held for the purpose of raising funds for the organization or individual by whom or on whose behalf the function is held;

"general election" means, collectively, elections called on the same date for all electoral districts to elect all members of the Legislative Assembly;

"general voting" means voting under section 96 at the general voting opportunity for voters for a voting area;

"general voting day" means the day established by section 27;

"general voting opportunity" means a voting opportunity under section 75;

"holiday" means

(a) Sunday, Christmas Day, Good Friday and Easter Monday,

(b) Canada Day, Victoria Day, British Columbia Day, Labour Day, Remembrance Day, Family Day and New Year's Day,

(c) December 26, and

(d) a day set by the Parliament of Canada or by the Legislature, or appointed by proclamation of the Governor General or the Lieutenant Governor, to be observed as a day of general prayer or mourning, a day of public rejoicing or thanksgiving, a day for celebrating the birthday of the reigning Sovereign, or as a public holiday;

"incur" means,

(a) in relation to an election expense or contestant expense, using property or services in such a manner that the value of the property or services is an election expense or contestant expense, and

(b) in relation to an expense referred to in section 194, using property or services in such a manner that the value of the property or services would be an election expense if the property or services had been used by or on behalf of a candidate, registered constituency association or registered political party;

"independent" means, in relation to an individual, an individual who is not a representative of a political party, either as a member of the Legislative Assembly or as a candidate;

"inducement" includes money, gift, valuable consideration, refreshment, entertainment, office, placement, employment and any other benefit of any kind and, for certainty, does not include merely transporting an individual to or from a voting opportunity;

"initial count" means the count of votes conducted under Division 1 of Part 7;

"intimidate" means

(a) to use or threaten to use force, violence or restraint against an individual,

(b) to inflict injury, harm, damage or loss on an individual or property or to threaten to do any of these, or

(c) to otherwise intimidate an individual or to threaten to do anything that is otherwise intimidation of an individual;

"judicial recount" means a judicial recount of votes conducted under Division 3 of Part 7;

"leadership contestant" means an individual seeking the leadership of a registered political party, whether or not any other individual seeks that leadership, and for the purposes of Parts 10 and 11 includes an individual who becomes a leadership contestant or who was a leadership contestant;

"list of future voters" means the list of future voters under Division 4 of Part 4;

"list of voters" means a list of voters prepared under Divisions 1 to 3 of Part 4 that is all or part of the Provincial List of Voters referred to in section 45;

"major political party" means a registered political party that has a representative appointed, or is eligible to appoint a representative under section 14, to the Election Advisory Committee;

"market value" means, in relation to property or services, the lowest price charged for an equivalent amount of equivalent property or services in the market area at the relevant time;

"money" includes cash, a negotiable instrument and a payment by means of a credit card;

"National Register of Electors information" means information in the Register of Electors under the Canada Elections Act that is provided to the chief electoral officer in accordance with an agreement under section 55 of that Act;

"newspaper" means a publication or local periodical that

(a) contains items of news and advertising, and

(b) is distributed at least weekly in the electoral district or other area that is affected by the matter for which notice is required by this Act to be published in a newspaper;

"nomination contestant" means an individual seeking nomination as a candidate representing a registered political party in an election, whether or not any other individual seeks that nomination, and for the purposes of Parts 10 and 11 includes an individual who becomes a nomination contestant or who was a nomination contestant;

"nomination documents" means the documents required by section 54 (2) and (3);

"nomination period" means the period during which nominations for an election are accepted under section 56;

"official agent" means the official agent of a candidate appointed under section 69;

"ordinary ballot" means a ballot referred to in section 86 (2);

"organization" means an incorporated or unincorporated organization;

"permissible loan" means a loan to

(a) an organization or individual as referred to in section 180 (1) (a) to (e), or

(b) a third party sponsor for the purpose of sponsoring election advertising

at a rate of interest that is not less than the prime rate of the principal banker to the government at the time the rate of interest for the loan is fixed;

"personal contestant expenses" means personal contestant expenses within the meaning of section 184 (4);

"personal election expenses" means personal election expenses within the meaning of section 183 (4);

"political contribution" means a political contribution within the meaning of Division 2 of Part 10;

"political party" means an organization referred to in section 155 (1);

"pre-campaign period" means the period beginning 60 days before the first day of a campaign period for a general election conducted in accordance with section 23 (2) of the Constitution Act and ending on the day before the first day of the start of the campaign period;

"pre-campaign period election advertising" means the transmission to the public by any means, during the pre-campaign period, of an advertising message that is sponsored by a third party sponsor and directly promotes or opposes a registered political party or the election of a candidate, but does not include

(a) the publication without charge of news, an editorial, an interview, a column, a letter, a debate, a speech or a commentary in a bona fide periodical publication or a radio or television program,

(b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election,

(c) the transmission of a document directly by a person or a group to their members, employees or shareholders, or

(d) the transmission by an individual, on a non-commercial basis on the internet, or by telephone or text messaging, of the individual's personal political views;

"Provincial list of voters" means the list of registered voters prepared under section 45;

"registered" means,

(a) in relation to a voter, registered under Part 4,

(b) in relation to a political party or constituency association, registered under Part 9, and

(c) in relation to a third party sponsor, an individual or organization registered as a third party sponsor under Division 3 of Part 11;

"resident" means resident within the meaning of section 32;

"residential address" means, in relation to voter registration and voting, an address that is sufficient within the meaning of section 35 (2);

"return of the writ" means the return of the writ for an election to the chief electoral officer in accordance with section 146;

"solemn declaration" means an oath or solemn affirmation in accordance with section 268;

"Speaker" means the Speaker of the Legislative Assembly and an individual lawfully acting as Speaker or, if the office is vacant, the Clerk of the Legislative Assembly or any officer lawfully performing the duties of the Clerk;

"special voting opportunity" means a voting opportunity under section 77;

"specified fundraising function" means a fundraising function that

(a) is attended by one or more of the following:

(i) a member of the Executive Council;

(ii) a parliamentary secretary;

(iii) a leader of a major political party, and

(b) is held for the purpose of raising funds for one or more of the following that holds the function or on whose behalf the function is held:

(i) a major political party;

(ii) a candidate who is a representative of a major political party;

(iii) a leadership contestant for a major political party;

(iv) a constituency association that is the local organization for a major political party;

(v) a nomination contestant for a major political party;

"sponsorship account" means an account opened under section 235.071 or 235.08;

"sponsorship contribution" means a sponsorship contribution within the meaning of sections 235.02 to 235.031, whether provided before or after the individual or organization acts as a third party sponsor;

"spouse" means a person who

(a) is married to another person, or

(b) is living with another person in a marriage-like relationship;

"tax receipt" means a receipt issued under section 4.722 of the Income Tax Act;

"third party sponsor" means an individual or organization, other than a candidate, registered political party or registered constituency association, that sponsors election advertising;

"volunteer" means, in relation to services, an individual providing the services as described in section 180 (5) (a);

"voter" means an individual who meets the qualifications referred to in section 31 to be registered as a voter under this Act;

"voter for a voting area" means a voter who is a voter for the electoral district for which the voting area is established and who is resident in that voting area;

"voter for an electoral district" means a voter who is qualified to be registered as a voter and to vote in an election for the electoral district;

"voter number" means the number assigned to a voter in a list of voters;

"voter registration official" means

(a) the chief electoral officer and the deputy chief electoral officer,

(b) a district registrar of voters or a deputy district registrar of voters appointed under section 22, and

(c) an individual appointed as a temporary voter registration official under section 23;

"voting area" means an area of an electoral district established as a voting area under section 80;

"voting hours" means the hours established under this Act for voting at a voting opportunity;

"voting officer" means, in relation to voting proceedings, the voting officer appointed under section 19 who is assigned responsibility for those proceedings;

"voting opportunity" means a voting opportunity referred to in section 73 (a) to (d);

"voting place" means a voting place under section 75 for a general voting opportunity or under section 76 for an advance voting opportunity;

"voting station" means a location referred to in section 82 (1);

"writ" means, in relation to an election, an order of the chief electoral officer in the form of a writ under section 26 directing a district electoral officer to conduct an election for the electoral district;

"write-in ballot" means a ballot referred to in section 86 (5);

"youth" means a person who is 16 or 17 years of age.

  Section 1 (1) definition of "holiday", paragraph (b) BEFORE amended by 2023-4-2, effective March 9, 2023 (Royal Assent).

(b) Canada Day, Victoria Day, British Columbia Day, Labour Day, Remembrance Day, Family Day and New Year's Day,

  Section 1 (1) definitions of "authorized drop-off location" and "secrecy enclosure" were added by 2023-14-1(a) and (c), effective May 11, 2023 (Royal Assent).

  Section 1 (1) definition of "campaign period election advertising", paragraph (d) BEFORE amended by 2023-14-1(b), effective May 11, 2023 (Royal Assent).

(d) the transmission by an individual, on a non-commercial basis on the internet, or by telephone or text messaging, of the individual's personal political views;

  Section 1 (1) definition of "pre-campaign period election advertising", paragraph (d) BEFORE amended by 2023-14-1(b), effective May 11, 2023 (Royal Assent).

(d) the transmission by an individual, on a non-commercial basis on the internet, or by telephone or text messaging, of the individual's personal political views;

  Section 1 (3) (part) BEFORE amended by 2023-14-2, effective November 30, 2017 [retro from May 11, 2023 (Royal Assent)].

(3) Except in relation to sections 228.1, 231, 232, 264 (1) (b) and (c) and 283 (m.1), the transmission of an advertising message, for the purposes of the definitions of "campaign period election advertising" and "pre-campaign period election advertising", includes the following activities, if the activities are conducted on a commercial basis:

  Section 1 (3) (a) and (b) BEFORE amended by 2023-14-3, effective May 11, 2023 (Royal Assent).

(a) canvassing voters, in person or by telephone, to attempt to influence how voters vote;

(b) mailing material that contains advertising messages.

  Section 2 (1) and (2) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(1)  Times set by or under this Act are to be local times for the place at which the applicable proceedings under this Act are being conducted, unless otherwise expressly provided by this Act.

(2)  If the time set by or under this Act for doing anything falls or ends on a holiday, the time is extended to the next day that is not a holiday.

  Section 2 (2) BEFORE amended by 2019-42-2, effective November 28, 2019 (Royal Assent).

(2) If the time set under this Act for doing anything falls or ends on a holiday, the time is extended to the next day that is not a holiday.

  Section 3.1 was enacted by 2008-41-2, effective May 29, 2008 (Royal Assent).

  Section 7 (2) BEFORE amended by 2003-62-1(a), effective January 1, 2001 [retro from October 23, 2003 (Royal Assent)].

(2)  Subject to subsections (3) and (4), the Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to the chief electoral officer.

  Section 7 (4) BEFORE repealed by 2003-62-1(b), effective January 1, 2001 [retro from October 23, 2003 (Royal Assent)].

(4)  Despite the accrual of 35 years of pensionable service, contributions to the Public Service Pension Plan must continue for each additional year of service up to 35 years of contributory service.

  Section 11 (1) BEFORE amended by 2017-20-2, effective November 30, 2017 (Royal Assent).

(1) All necessary expenses required for the administration of this Act must be paid out of the general fund of the consolidated revenue fund.

  Section 12 (1) (d) was added by 2008-41-3, effective May 29, 2008 (Royal Assent).

  Section 12 (1) (a) and (c) BEFORE amended by 2019-42-3(a) and (b), effective March 11, 2022 (BC Reg 57/2022).

(a) to provide guidance and supervision respecting the voter registration process and the conduct of elections and plebiscites;

(c) to provide information to the public regarding the voter registration and other electoral processes under this Act;

  Section 12 (2) (d.1) was added by 2019-42-3(c), effective March 11, 2022 (BC Reg 57/2022).

  Section 13 (2) BEFORE amended by 2003-88-17, effective December 1, 2003 (BC Reg 443/2003).

(2)  The chief electoral officer may present a special report to the Speaker if, in the chief electoral officer's opinion, the amounts and establishment for the office of the chief electoral officer permitted under section 11 (2), or the services provided by the Public Service Employee Relations Commission, are inadequate for fulfilling the duties of the office.

  Section 13 (1) (b) BEFORE amended by 2003-96-14(a), effective December 2, 2003 (Royal Assent).

(b) after each election, general enumeration or plebiscite, a report respecting the proceedings, the results and the costs;

  Section 13 (1) (c) BEFORE repealed by 2003-96-14(b), effective December 2, 2003 (Royal Assent).

(c) any report required under section 42 respecting a decision not to conduct a general enumeration;

  Section 16 (2) (d) BEFORE repealed by 2003-96-15, effective December 2, 2003 (Royal Assent).

(d) before determining under section 42 whether a general enumeration is to be cancelled;

  Section 17 (c) BEFORE amended by 2023-14-4, effective May 11, 2023 (Royal Assent).

(c) a member of the House of Commons of Canada, of the Senate of Canada or of Her Majesty's Privy Council of Canada;

  Section 17 (e) BEFORE amended by 2023-47-13,Sch 1, effective January 15, 2024 (BC Reg 277/2023).

(e) a master, registrar, district registrar or deputy district registrar of the Supreme Court;

  Section 18 (1) (b) BEFORE amended by 2008-41-4(a), effective May 29, 2008 (Royal Assent).

(b) a deputy district electoral officer, who is to assist the district electoral officer.

  Section 18 (1.1) BEFORE amended by 2008-41-4(b), effective May 29, 2008 (Royal Assent).

(1.1)  If an enactment establishes a new electoral district but the enactment does not come into force until a future time, the chief electoral officer may appoint a district electoral officer and a deputy district electoral officer for the future electoral district.

  Section 18 (2.1) was added by 2008-41-4(c), effective May 29, 2008 (Royal Assent).

  Section 18 (3) (a) BEFORE amended by 2019-42-154,Sch 2, effective March 11, 2022 (BC Reg 57/2022).

(a) 6 months after general voting day for the first general election called after the appointment, or

  Section 19 (1) BEFORE amended by 2019-42-4, effective March 11, 2022 (BC Reg 57/2022).

(1) If an election is called for an electoral district, the district electoral officer must appoint

(a) sufficient voting officers for the purposes of section 88, and

(b) other election officials required to conduct the election proceedings.

  Section 22 (3) BEFORE repealed by 2004-51-3, effective May 20, 2004 (Royal Assent).

(3)  An individual appointed under subsection (1) must be employed under section 10 or otherwise be within the public service of British Columbia.

  Section 24 (1) (c) BEFORE amended by 2017-11-5, effective November 2, 2017 (Royal Assent).

(c) specifies the general voting day for the election in accordance with section 27, and

  Section 24 (1) (c) BEFORE amended by 2019-42-154,Sch 2, effective March 11, 2022 (BC Reg 57/2022).

(c) specifies the general voting day for the election in accordance with section 27 of this Act and section 23 of the Constitution Act, and

  Section 24 (2) BEFORE amended by 2019-42-154,Sch 2, effective March 11, 2022 (BC Reg 57/2022).

(2) If a general election is called before general voting day for a by-election that is in progress, the by-election is cancelled and the election for that electoral district is to take place as part of the general election.

  Section 25 (2) (c) BEFORE amended by 2019-42-154,Sch 2, effective March 11, 2022 (BC Reg 57/2022).

(c) specifies the general voting day for the election in accordance with section 27, and

  Section 26 (2) (part) BEFORE amended by 2019-42-5, effective November 28, 2019 (Royal Assent).

(2) A writ of election must be in Form 1 as set out in the Schedule to this Act and must include the following:

  Section 26 (2) (b) BEFORE amended by 2019-42-154,Sch 2, effective March 11, 2022 (BC Reg 57/2022).

(b) the date of general voting day for the election;

  Section 27 BEFORE re-enacted by 2019-42-6, effective November 28, 2019 (Royal Assent).

  Section 27 BEFORE amended by 2019-42-154,Sch 2 and 2019-42-155, effective March 11, 2022 (BC Reg 57/2022).

  Section 27 (1) BEFORE amended by 2023-14-52,Sch, effective May 11, 2023 (Royal Assent).

(1) Final voting day for an election,

(a) in the case of a general election conducted in accordance with section 23 (2) or (3) of the Constitution Act, and in the case of a by-election, is the 28th day after the date on which the election is called, and

(b) in the case of a general election that is not conducted in accordance with section 23 (2) or (3) of the Constitution Act, subject to subsection (3) of this section, is at least the 32nd day but no later than the 38th day after the date on which the election is called.

  Section 28 (1) BEFORE amended by 2008-41-5, effective May 29, 2008 (Royal Assent).

(1)  Within 11 days after an election is called, the chief electoral officer must publish or direct the district electoral officer to publish a notice of election in accordance with section 270.

  Section 28 (2) (c) BEFORE amended by 2019-42-154,Sch 2, effective March 11, 2022 (BC Reg 57/2022).

(c) the dates and voting hours for general voting and advance voting, in the event that an election by voting is required;

  Section 28 (1) BEFORE amended by 2023-14-5, effective May 11, 2023 (Royal Assent).

(1) Within 8 days after an election is called, the chief electoral officer must publish or direct the district electoral officer to publish a notice of election in accordance with section 270.

  Section 29 (b) and (d) BEFORE amended by 2019-42-154,Sch 2, effective March 11, 2022 (BC Reg 57/2022).

(b) be 18 years of age or older on general voting day for the election,

(d) have been a resident of British Columbia for at least 6 months immediately before general voting day for the election,

  Section 30 (b) BEFORE repealed by 2003-37-11, effective May 29, 2003 (Royal Assent).

(b) an individual who is imprisoned in a penal institution serving a sentence of 2 years or more;

  Section 31 (1) (b) and (c) BEFORE amended by 2019-42-7(a), effective November 28, 2019 (Royal Assent).

(b) the individual must be an individual

(i) who is 18 years of age or older at the time of registration, or

(ii) if an election is in progress for the electoral district for which the individual will be entitled to vote on registration, who will be 18 years of age or older on general voting day for the election;

(c) the individual must have been a resident of British Columbia for the immediately preceding 6 months;

  Section 31 (1.1) was added by 2019-42-7(b), effective November 28, 2019 (Royal Assent).

  Section 31 (1) and (1.1) BEFORE amended by 2019-42-154,Sch 2, effective March 11, 2022 (BC Reg 57/2022).

(1) An individual must meet all the following qualifications in order to register as a voter:

(a) the individual must be a Canadian citizen;

(b) the individual must be

(i) an individual who is 18 years of age or older at the time of registration, or

(ii) an individual who is not 18 years of age but who, on general voting day for an election, will be 18 years of age;

(c) the individual must be

(i) an individual who has been a resident of British Columbia for the immediately preceding 6 months, or

(ii) an individual who has not been a resident of British Columbia for the immediately preceding 6 months but who, on general voting day for an election, will have been a resident of British Columbia for the immediately preceding 6 months;

(d) the individual must not be disqualified from voting under section 29 (f).

(1.1) An individual described in subsection (1) (b) (ii) or (1) (c) (ii) may not register before the date that is 90 days before the general voting day for an election for the electoral district for which the individual will be entitled to vote on registration.

  Section 32 (5) and (6) were added by 2004-51-4, effective May 20, 2004 (Royal Assent).

  Section 32 (4) (c) was added by 2019-42-8(a), effective November 28, 2019 (Royal Assent).

  Section 32 (5) BEFORE amended by 2019-42-8(b), effective November 28, 2019 (Royal Assent).

(5) Temporary residential quarters are considered to be an individual's place of residence only if the individual has no other place that the individual considers to be his or her residence.

  Section 32 (2) (a) BEFORE amended by 2023-14-6, effective May 11, 2023 (Royal Assent).

(a) while the individual is engaged in the service of the government of British Columbia or Canada,

  Section 33 (1) (c) BEFORE amended by 2008-41-6, effective May 29, 2008 (Royal Assent).

(c) registration in conjunction with voting in accordance with section 41;

  Section 33 (3) BEFORE amended by 2023-10-171, effective March 30, 2023 (Royal Assent).

(3) An individual becomes registered as a voter when his or her application for registration is accepted by the voter registration or election official responsible.

  Section 34 (2) (b) BEFORE amended by 2008-41-7, effective May 29, 2008 (Royal Assent).

(b) if the voter remains a voter for the same electoral district, the official responsible may waive the requirements of section 41 (2) (b).

  Section 34 (1) BEFORE amended by 2023-10-172, effective March 30, 2023 (Royal Assent).

(1) If a registered voter changes the place where he or she is resident, changes his or her name or otherwise changes the information required regarding registration, the voter may apply to update his or her registration information at any of the registration opportunities referred to in section 33.

  Section 35 (1) and 35 (1) (f) BEFORE amended by 2004-51-5, effective May 20, 2004 (Royal Assent).

(1)  An application for registration as a voter must be on a form supplied by the chief electoral officer, must be signed by the individual applying to be registered and must include the following information:

(f) a declaration that the applicant meets the requirements of section 31 to be registered as a voter.

  Section 35 (1) (part) BEFORE amended by 2019-42-9, effective November 28, 2019 (Royal Assent).

(1) An application for registration as a voter must be on a form supplied by the chief electoral officer and must include the following information:

  Section 36 (2) BEFORE amended by 2008-41-8, effective May 29, 2008 (Royal Assent).

(2)  An individual may apply to register as a voter by delivering an application form completed in accordance with section 35 to

(a) the chief electoral officer,

(b) a district registrar of voters or another voter registration official authorized by a district registrar of voters, or

(c) an individual authorized as agent under section 38.

  Section 37 (1) and (2) BEFORE amended by 2015-25-1, effective May 28, 2015 (Royal Assent).

(1) Applications for registration as a voter for an electoral district must not be received under section 36 (2) during the period beginning on the 8th day after an election is called for the electoral district and ending on the 2nd day after general voting day for the election.

(2) As soon as possible after an election is called, the chief electoral officer must have published in accordance with section 270 a notice stating the following:

(a) the date after which an individual may not register or update voter registration information except in conjunction with voting;

(b) how an individual may obtain information about registering or updating voter registration information under section 36 before the date referred to in paragraph (a);

(c) that after the date referred to in paragraph (a) an individual may only register or update voter registration information in conjunction with voting.

  Section 37 BEFORE amended by 2019-42-10(a) and (b), effective November 28, 2019 (Royal Assent).

  Section 37 (3) was added by 2019-42-10(c), effective November 28, 2019 (Royal Assent).

  Section 37 (1) BEFORE amended by 2019-42-154,Sch 2, effective March 11, 2022 (BC Reg 57/2022).

(1) Applications for registration as a voter for an electoral district must not be received under section 36 (2) during the period beginning on a day specified by the chief electoral officer and ending on the 2nd day after general voting day for the election.

  Section 37 (1) BEFORE amended by 2023-14-52,Sch, effective May 11, 2023 (Royal Assent).

(1) Applications for registration as a voter for an electoral district must not be received under section 36 (2) during the period beginning on a day specified by the chief electoral officer and ending on the 2nd day after final voting day for the election.

  Section 38 (1) BEFORE amended by 2019-42-11(a), effective November 28, 2019 (Royal Assent).

(1) The chief electoral officer may authorize persons other than voter registration and election officials to act as agents of the chief electoral officer for receiving applications for voter registration or for updating voter registration information.

  Section 38 (3) (a) BEFORE amended by 2019-42-11(b), effective November 28, 2019 (Royal Assent).

(a) the form or document may be combined with an application for voter registration or updating voter registration information, and

  Section 38 (4.1) was added by 2019-42-11(c), effective November 28, 2019 (Royal Assent).

  Section 39.1 was enacted by 2004-51-6, effective May 20, 2004 (Royal Assent).

  Section 40 BEFORE re-enacted by 2019-42-12, effective July 12, 2021 (BC Reg 192/2021).

  Section 41 (3) BEFORE amended by 2008-41-9, effective May 29, 2008 (Royal Assent).

(3)  For the purposes of subsection (2) (b), an individual may either

(a) produce to the election official at least 2 documents that provide evidence satisfactory to that official of the applicant's identity and place of residence, at least one of which must contain the applicant's signature, or

(b) produce to the election official at least 2 documents that provide evidence satisfactory to that official of the applicant's identity, at least one of which must contain the applicant's signature, and make a solemn declaration as to the applicant's place of residence within the meaning of section 32.

  Section 41 (3.1) was added by 2008-41-9, effective May 29, 2008 (Royal Assent).

  Section 41 (2), (3) and (3.1) BEFORE amended by 2023-14-7(a) and (b), effective May 11, 2023 (Royal Assent).

(2) In order to register under this section, an individual must

(a) deliver an application form completed in accordance with section 35 to the district electoral officer or an election official authorized by the district electoral officer, and

(b) satisfy that official of the applicant's identity and place of residence in accordance with subsection (3).

(3) For the purposes of subsection (2) (b), an applicant may produce to the election official

(a) one document, issued by the Government of British Columbia or Canada, that contains the applicant's name and photograph, and place of residence,

(b) one document, issued by the Government of Canada, that certifies that the applicant is registered as an Indian under the Indian Act (Canada), or

(c) at least 2 documents of a type authorized by the chief electoral officer, both of which contain the applicant's name and at least one of which contains the applicant's place of residence.

(3.1) The chief electoral officer must publish each year, in a manner that he or she considers appropriate, a notice setting out the types of documents that are authorized for the purposes of subsection (3) (c).

  Section 41 (3.2) was added by 2023-14-7(c), effective May 11, 2023 (Royal Assent).

  Sections 41.1 to 41.2 were added by 2008-41-10, effective May 29, 2008 (Royal Assent).

  Section 41.1 (2) (b) BEFORE amended by 2015-25-2, effective May 28, 2015 (Royal Assent).

(b) both the identity and place of residence of the applicant are confirmed in accordance with subsection (3) of this section by

(i) a voter registered in the applicant's electoral district of residence who has produced documents referred to in section 41 (3),

(ii) a spouse, a parent, a grandparent, or an adult child, grandchild or sibling, of the applicant, or

(iii) a person having authority under the common law or an enactment to make personal care decisions in respect of the applicant.

  Section 42 BEFORE re-enacted by 2003-96-16, effective December 2, 2003 (Royal Assent).

  Section 42 BEFORE re-enacted by 2008-41-11, effective September 1, 2009.

  Section 42 BEFORE re-enacted by 2012-11-3, effective May 14, 2012 (Royal Assent).

  Section 46 (2) (d) BEFORE amended by 2003-96-17, effective December 2, 2003 (Royal Assent).

(d) if, on a general enumeration, it appears that the individual is no longer resident in the electoral district for which he or she is registered as a voter;

  Section 46 (2) (e) BEFORE amended by 2004-51-7, effective May 20, 2004 (Royal Assent).

(e) if the individual does not respond to a notice in accordance with subsection (3) within 60 days after it is sent to the individual by the chief electoral officer.

  Section 46 (3) BEFORE amended by 2004-51-7, effective May 20, 2004 (Royal Assent).

(3)  The notice referred to in subsection (2) (e)

(a) must state that, if the individual to whom it is addressed does not contact the chief electoral officer within 60 days of the notice being sent, the individual's registration as a voter may be cancelled, and

(b) must be mailed or otherwise sent to the individual's address as shown in the Provincial list of voters.

  Section 46 (2) (c) and (d) BEFORE amended by 2023-10-173, effective March 30, 2023 (Royal Assent).

(c) if the individual requests in writing that his or her registration as a voter be cancelled;

(d) if, on an enumeration, it appears that the individual is no longer resident in the electoral district for which he or she is registered as a voter;

  Section 47 BEFORE re-enacted by 2015-25-3, effective May 28, 2015 (Royal Assent).

  Section 47 (3) and (4) BEFORE amended by 2019-42-13, effective November 28, 2019 (Royal Assent).

(3) The list of voters for an electoral district must

(a) be prepared as soon as possible after the election is called,

(b) include the names and residential addresses of those individuals who, on the basis of the Provincial list of voters, appear to be resident in the electoral district,

(c) include the assigned voter number for each individual on the list of voters,

(d) be divided by voting area for the election and organized alphabetically by voter surname within each voting area, and

(e) be certified by the chief electoral officer as being the list of voters for use in the election.

(4) Other than the requirements of subsection (3), the form of a list of voters for an election is in the discretion of the chief electoral officer.

  Section 48 (1) (a) BEFORE amended by 2008-41-12(a), effective May 29, 2008 (Royal Assent).

(a) the district registrar of voters must provide each candidate with 2 printed copies and, if available, one electronic copy of both the preliminary and revised lists of voters prepared under section 47 for the electoral district;

  Section 48 (1) (b) BEFORE amended by 2008-41-12(b), effective May 29, 2008 (Royal Assent).

(b) if requested by a candidate, the district registrar of voters must provide the candidate with up to an additional 8 printed copies of each of the preliminary list of voters and the revised list of voters for the electoral district.

  Section 48 BEFORE amended by 2015-25-4, effective May 28, 2015 (Royal Assent).

  Section 48 (1) (a) BEFORE amended by 2019-42-14(a), effective November 28, 2019 (Royal Assent).

(a) the district registrar of voters must provide each candidate with an electronic copy of the list of voters for the electoral district;

  Section 48 (2) BEFORE amended by 2019-42-14(b), effective November 28, 2019 (Royal Assent).

(2) A copy of the list of voters prepared under section 47 must be available for public inspection in the following offices during their regular office hours, from the time the list is received until the close of general voting:

(a) the office of the district registrar of voters;

(b) the office of the district electoral officer of the electoral district.

  Section 48 (2) BEFORE amended by 2019-42-154,Sch 2, effective March 11, 2022 (BC Reg 57/2022).

(2) A copy of the most current list of voters prepared under section 47 must be available for public inspection in the office of the district electoral officer of the electoral district during its regular office hours from the time the list is provided under section 47 (5) until the close of general voting.

  Section 50 (3) BEFORE amended by 2015-25-5, effective May 28, 2015 (Royal Assent).

(3) If a change is made as a result of an objection after the revised list of voters for the electoral district is prepared, the district registrar of voters must

(a) amend the copy of the revised list of voters provided by the chief electoral officer to show the change and initial the amendment, and

(b) notify the chief electoral officer of the change so that the Provincial list of voters may be amended.

  Section 51 (1) and (2) BEFORE amended by 2015-25-6, effective May 28, 2015 (Royal Assent).

(1) Subject to section 275, the chief electoral officer may prepare and provide a list of voters to an individual or organization requesting it and may charge a fee for preparing and providing the list.

(2) Without limiting subsection (1), on request and payment of the reasonable costs of reproduction, the chief electoral officer must provide a list of voters to a registered political party or member of the Legislative Assembly.

  Section 51.01 was enacted by 2019-42-15, effective March 11, 2022 (BC Reg 57/2022).

  Part 4, Division 4, section 51.02, was enacted by 2019-42-16, effective November 28, 2019 (Royal Assent).

  Section 51.02 (6) (b) BEFORE amended by 2019-42-154,Sch 2, effective March 11, 2022 (BC Reg 57/2022).

(b) when the individual is eligible to register as a voter in the 90 days before general voting day.

  Section 52 (1) (b) BEFORE amended by 2019-42-154,Sch 2, effective March 11, 2022 (BC Reg 57/2022).

(b) be 18 years of age or older on general voting day for the election,

  Section 53 (1) BEFORE amended by 2008-41-13, effective May 29, 2008 (Royal Assent).

(1)  A nomination must be made by at least 25 voters for the electoral district for which the election is being held.

  Section 54 (3) (c) to (e) BEFORE amended by 2016-4-22, effective September 1, 2016 (BC Reg 191/2016).

(c) a solemn declaration of the individual nominated that he or she is qualified to be nominated;

(d) in the case of an individual making a request under subsection (2) (c), a solemn declaration of the individual that the name requested to be used on the ballot is his or her usual name;

(e) in the case of an individual making a request under subsection (2) (f), a solemn declaration of the individual that he or she is independent;

  Section 54 (4) BEFORE repealed by 2016-4-22, effective September 1, 2016 (BC Reg 191/2016).

(4) A solemn declaration required by subsection (3) may be made in advance or taken by the election official responsible when the nomination documents are delivered for filing.

  Section 54 (2) (c) BEFORE amended by 2023-10-174(a), effective March 30, 2023 (Royal Assent).

(c) the usual name of the individual nominated, if this is different from the full name and the individual wishes to have his or her usual name on the ballot instead;

  Section 54 (3) (a), (c) to (e) and (g) BEFORE amended by 2023-10-174(b) to (f), effective March 30, 2023 (Royal Assent).

(a) a signed declaration of each nominator that he or she is qualified as a voter for the electoral district for which the election is being held;

(c) a signed statement of the individual nominated that he or she is qualified to be nominated;

(d) in the case of an individual making a request under subsection (2) (c), a signed statement of the individual that the name requested to be used on the ballot is his or her usual name;

(e) in the case of an individual making a request under subsection (2) (f), a signed statement of the individual that he or she is independent;

(g) either

(i) a statement that the individual nominated is acting as his or her own financial agent, or

(ii) the appointment of an individual as financial agent in accordance with section 176 and a signed consent of the individual to act as such;

  Section 55 (1) BEFORE amended by 2008-41-14, effective May 29, 2008 (Royal Assent).

(1)  In order to be effective, a nomination must be accompanied by a deposit of $100.

  Section 55 (2) (a) BEFORE amended by 2019-42-17, effective November 28, 2019 (Royal Assent).

(a) if the individual for whom it is paid receives at least 15% of the total votes accepted and counted in the election, the nomination deposit is to be returned to the financial agent of the individual;

  Section 55 (2) (a) and (b) BEFORE amended by 2019-42-154,Sch 2, effective March 11, 2022 (BC Reg 57/2022).

(a) if the financial agent of the individual for whom it is paid files with the chief electoral officer, within 90 days after general voting day for an election, an election financing report under section 209, the nomination deposit is to be returned to the financial agent;

(b) if the individual for whom it is paid dies before the close of general voting for the election, the nomination deposit is to be returned to the financial agent of the individual or to another person determined by the chief electoral officer;

  Section 56 (1) BEFORE repealed by 2008-41-15, effective May 29, 2008 (Royal Assent).

(1)  In order to make a nomination under this section, the nomination documents required by section 54 (2) and (3) must be received by the district electoral officer between 9 a.m. on the 6th day after the election is called and 1 p.m. on the 15th day after the election is called.

  Section 56 (1) BEFORE amended by 2015-25-7, effective May 28, 2015 (Royal Assent).

(1) In order to make a nomination under this section, the nomination documents required by section 54 (2) and (3) must be received by the district electoral officer,

(a) in the case of a general election conducted in accordance with section 23 (2) of the Constitution Act, between the time the election is called and 1 p.m. on the 10th day after the election is called, or

(b) in the case of a by-election, or a general election that is not conducted in accordance with section 23 (2) of the Constitution Act, between 9 a.m. on the 6th day after the election is called and 1 p.m. on the 10th day after the election is called.

  Section 56 (3) BEFORE amended by 2018-5-10, effective January 1, 2019 (BC Reg 272/2018).

(3) Times referred to in this section are Pacific Standard time or Pacific Daylight time, as applicable.

  Section 56 (1) (a) and (b) BEFORE amended by 2019-42-18(a) and (b), effective November 28, 2019 (Royal Assent).

(a) in the case of a general election conducted in accordance with section 23 (2) of the Constitution Act, between the time the election is called and 1 p.m. on the 7th day after the election is called, or

(b) in the case of a by-election, or a general election that is not conducted in accordance with section 23 (2) of the Constitution Act, between 9 a.m. on the 3rd day after the election is called and 1 p.m. on the 7th day after the election is called.

  Section 56 (1) (c) was added by 2019-42-18(c), effective November 28, 2019 (Royal Assent).

  Section 56 (1) BEFORE amended by 2023-14-52,Sch, effective May 11, 2023 (Royal Assent).

(1) In order to make a nomination under this section, the nomination documents required by section 54 (2) and (3) must be received by the district electoral officer,

(a) in the case of a general election conducted in accordance with section 23 (2) or (3) of the Constitution Act, between the time the election is called and 1 p.m. on the 7th day after the election is called,

(b) in the case of a general election that is not conducted in accordance with section 23 (2) or (3) of the Constitution Act, between 9 a.m. on the 3rd day after the election is called and 1 p.m. on the 11th day after the election is called, or

(c) in the case of a by-election, between 9 a.m. on the 3rd day after the election is called and 1 p.m. on the 7th day after the election is called.

  Section 57 (1) BEFORE amended by 2008-41-16(a), effective May 29, 2008 (Royal Assent).

(1)  Nomination documents, other than the documents referred to in subsection (3), may be filed with the chief electoral officer at any time up until the day on which a period for filing nominations under section 56 begins for the electoral district for which the individual is nominated.

  Section 57 (4) BEFORE repealed by 2008-41-16(a), effective May 29, 2008 (Royal Assent).

(4)  For the purposes of this section, the documents referred to in subsection (3) may be filed with the chief electoral officer only between when the election is called and the end of the day before the nomination period begins under section 56.

  Section 57 (8) BEFORE amended by 2008-41-16(b), effective May 29, 2008 (Royal Assent).

(8)  When all the required nomination documents are accepted for filing, the chief electoral officer must issue to the candidate a certificate indicating that the individual is a candidate in the election.

  Section 57 (9) BEFORE amended by 2008-41-16(c), effective May 29, 2008 (Royal Assent).

(9)  As soon as possible after the end of the period for making nominations under this section, the chief electoral officer must deliver to the applicable district electoral officer a copy of the certificate under subsection (8), a copy of the disclosure under the Financial Disclosure Act and the originals of the other nomination documents filed under this section.

  Section 57 (9.1) was added by 2008-41-16(c), effective May 29, 2008 (Royal Assent).

  Section 57 (11) BEFORE repealed by 2008-41-16(d), effective May 29, 2008 (Royal Assent).

(11)  If the nomination of an individual for whom nomination documents are filed under subsection (1) is not completed by the end of the period under subsection (4) for the next election for the electoral district for which the individual is nominated, the nomination is deemed to have been withdrawn under subsection (10).

  Section 57 (3) (b) BEFORE amended by 2016-4-23, effective September 1, 2016 (BC Reg 191/2016).

(b) the solemn declaration of the individual nominated that he or she is qualified to be nominated.

  Section 57 (1) (a) and (b) BEFORE amended by 2019-42-19, effective November 28, 2019 (Royal Assent).

(a) in the case of a general election conducted in accordance with section 23 (2) of the Constitution Act, the end of the day before the date the election is called, or

(b) in the case of a by-election, or a general election that is not conducted in accordance with section 23 (2) of the Constitution Act, the end of the day before the nomination period begins under section 56.

  Section 57 (3) (b) BEFORE amended by 2023-10-175, effective March 30, 2023 (Royal Assent).

(b) the signed statement of the individual nominated that he or she is qualified to be nominated.

  Section 59.01 was enacted by 2019-42-20, effective November 28, 2019 (Royal Assent).

  Section 61 (1) (d) BEFORE amended by 2019-42-154,Sch 2, effective March 11, 2022 (BC Reg 57/2022).

(d) if there is more than one candidate for the office to be filled, that an election by voting is to be held and the general voting day for that election;

  Section 62 (2) (d.1) was added by 2008-41-17, effective May 29, 2008 (Royal Assent).

  Section 62 (2) (c) BEFORE amended by 2019-42-154,Sch 2, effective March 11, 2022 (BC Reg 57/2022).

(c) the date, voting hours and voting places for general voting;

  Section 64 (1) BEFORE amended by 2008-41-18, effective May 29, 2008 (Royal Assent).

(1)  At any time up until 48 hours before the start of general voting, a candidate may withdraw from the election by delivering a signed withdrawal to the district electoral officer.

  Section 65 (2) (part) BEFORE amended by 2019-42-154,Sch 2, effective March 11, 2022 (BC Reg 57/2022).

(2) If a candidate dies between the end of the nomination period and the close of general voting,

  Section 65 (2) (b) BEFORE amended by 2023-10-175, effective March 30, 2023 (Royal Assent).

(b) no new nomination documents and deposit are required for a candidate in the original election proceedings and the individual is deemed to be a candidate in the continued election unless he or she withdraws.

  Section 65 (1) (b) BEFORE amended by 2023-14-52,Sch, effective May 11, 2023 (Royal Assent).

(b) 1 p.m. on the 6th day after the date of death.

  Section 66 (7) BEFORE amended by 2019-42-21, effective November 28, 2019 (Royal Assent).

(7) Within 72 hours after the end of the period for commencing a challenge, not including Saturdays, Sundays and other holidays, the court must hear and determine the challenge.

  Section 66 (2) BEFORE amended by 2023-14-52,Sch, effective May 11, 2023 (Royal Assent).

(2) The time period during which an application may be made is between the time the individual becomes a candidate in accordance with section 63 (1) and noon on the 4th day after the end of the nomination period.

  Section 66 (9) BEFORE amended by 2023-47-13,Sch 1, effective January 15, 2024 (BC Reg 277/2023).

(9) For certainty, the jurisdiction of the court under this section may be exercised by a master of the court.

  Section 70 (1) BEFORE amended by 2008-41-19, effective May 29, 2008 (Royal Assent).

(1)  A candidate or the candidate's official agent may appoint candidate representatives in accordance with this section to represent the candidate by observing the conduct of voting and counting proceedings for the election.

  Section 71 (3) BEFORE amended by 2019-42-22, effective November 28, 2019 (Royal Assent).

(3) If there is a change in the official agent or financial agent for a candidate, the district electoral officer must publish a new notice in accordance with this section respecting the candidate.

  Section 72 (1) and (2) BEFORE amended by 2023-10-176, effective March 30, 2023 (Royal Assent).

(1) When requested by an election official, a candidate representative present at election proceedings must produce his or her appointment under this Division.

(2) A candidate representative must not be present at voting or counting proceedings unless he or she has made the solemn declaration to preserve the secrecy of the ballot referred to in section 93 (4).

  Section 73 BEFORE re-enacted by 2019-42-23, effective March 11, 2022 (BC Reg 57/2022).

  Section 74 (1) BEFORE amended by 2019-42-24(a), effective November 28, 2019 (Royal Assent).

(1) An employee who is entitled to vote in an election or who, on registration, will be entitled to vote in the election is entitled to have 4 consecutive hours free from employment during voting hours for general voting.

  Section 74 (1.1) and (1.2) were added by 2019-42-24(b), effective November 28, 2019 (Royal Assent).

  Section 74 (2) BEFORE amended by 2019-42-24(c), effective November 28, 2019 (Royal Assent).

(2) If an individual's hours of employment do not allow for the consecutive hours referred to in subsection (1), the individual's employer must allow the individual time off from employment to provide those hours.

  Section 74 (1) BEFORE amended by 2019-42-154,Sch 2, effective March 11, 2022 (BC Reg 57/2022).

(1) Subject to subsections (1.1) and (1.2), an employee who is entitled to vote in an election or who, on registration, will be entitled to vote in the election is entitled to have 4 consecutive hours free from employment during voting hours for general voting.

  Section 74 (1.1) (a) BEFORE amended by 2019-42-154,Sch 2, effective March 11, 2022 (BC Reg 57/2022).

(a) the employee has hours of employment scheduled on general voting day such that the employee would not have 4 consecutive hours free from employment during voting hours;

  Section 74 (5) (a) BEFORE amended by 2019-42-154,Sch 2, effective March 11, 2022 (BC Reg 57/2022).

(a) election officials and individuals employed or retained by the chief electoral officer or a district electoral officer to work on general voting day;

  Section 75 (3) BEFORE amended by 2018-5-10, effective January 1, 2019 (BC Reg 272/2018).

(3) The voting hours for general voting are from 8 a.m. to 8 p.m. Pacific Standard time or Pacific Daylight time, as applicable, on general voting day.

  Section 75 BEFORE amended by 2019-42-154,Sch 2, effective March 11, 2022 (BC Reg 57/2022).

  Section 76 (3) BEFORE amended by 2008-41-20, effective May 29, 2008 (Royal Assent).

(3)  The voting hours for an advance voting opportunity are from noon to 9 p.m. on each day referred to in subsection (1).

  Section 76 (1) BEFORE amended by 2015-25-8, effective May 28, 2015 (Royal Assent).

(1) Advance voting opportunities must be held on the Wednesday, Thursday, Friday and Saturday of the week before general voting day for an election.

  Section 76 (1) BEFORE amended by 2017-11-6, effective November 2, 2017 (Royal Assent).

(1) Advance voting opportunities must be held on the following days:

(a) Saturday and Sunday of the week immediately preceding the week before general voting day for an election;

(b) Wednesday, Thursday, Friday and Saturday of the week before general voting day for an election.

  Section 76 (1) BEFORE amended by 2019-42-154,Sch 2, effective March 11, 2022 (BC Reg 57/2022).

(1) Advance voting opportunities must be held

(a) during a period that consists of 6 consecutive days and commences 8 days before general voting day for an election,

(b) if general voting day for an election falls on a Monday, during a period that consists of 6 consecutive days and commences 9 days before general voting day for the election, or

(c) if one or more of the dates for an advance voting opportunity to be held under paragraph (a) or (b) falls on a holiday other than a Sunday, on 6 days during a period established by the chief electoral officer that

(i) commences 12 days before general voting day for the election, and

(ii) ends at least 2 days before general voting day for the election.

  Section 77 (6) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(6)  The chief electoral officer may establish different procedures for voting and for conducting the voting proceedings and voter registration at a special voting opportunity from those established by or under other provisions of this Act, in which case the procedures established by the chief electoral officer apply and the others do not.

  Section 77 (4) BEFORE amended by 2008-41-21, effective May 29, 2008 (Royal Assent).

(4)  If a special voting area is established under section 80 (4), voting under this section for the voting area is deemed to be general voting for that voting area and a general voting opportunity under section 75 is not required.

  Section 77 (6) BEFORE amended by 2019-42-25, effective November 28, 2019 (Royal Assent).

(6) The chief electoral officer may establish different procedures for voting and for conducting the voting proceedings and voter registration at a special voting opportunity from those established under other provisions of this Act, in which case the procedures established by the chief electoral officer apply and the others do not.

  Section 77 (3) (c) BEFORE amended by 2019-42-154,Sch 2, effective March 11, 2022 (BC Reg 57/2022).

(c) the voting hours for the voting opportunity, such that the time established does not extend later than the time set by section 75 (3) for the close of general voting.

  Section 77 (4) BEFORE amended by 2019-42-154,Sch 2, effective March 11, 2022 (BC Reg 57/2022).

(4) If a site-based voting area is established under section 80 (4), voting under this section for the voting area is deemed to be general voting for that voting area and a general voting opportunity under section 75 is not required.

  Section 78 BEFORE re-enacted by 2019-42-26, effective March 11, 2022 (BC Reg 57/2022).

  Section 78 (3) to (5) were added by 2023-14-8, effective May 11, 2023 (Royal Assent).

  Part 6, Division 4, sections 79.01 to 79.05, was enacted by 2019-42-27, effective March 11, 2022 (BC Reg 57/2022).

  Section 79.01 (4) and (5) BEFORE amended by 2023-14-9, effective May 11, 2023 (Royal Assent).

(4) If the chief electoral officer specifies anything under this section, the chief electoral officer must publish the matters specified on an authorized Elections BC internet site as follows:

(a) in the case of a general election conducted in accordance with section 23 (2) or (3) of the Constitution Act, at least 60 days before the date the election is called;

(b) in the case of a by-election, or a general election that is not conducted in accordance with section 23 (2) or (3) of the Constitution Act, as soon as practicable after the date the election is called.

(5) If, in the opinion of the chief electoral officer, circumstances arise in which changing a matter specified under this section would facilitate the conduct of voting proceedings, the chief electoral officer

(a) may make the change, and

(b) must publish the change on an authorized Elections BC internet site as soon as practicable.

  Section 80 (4) BEFORE amended by 2008-41-21, effective May 29, 2008 (Royal Assent).

(4)  The chief electoral officer may establish a special voting area for the purposes of section 77 (4) if satisfied that the voters for the voting area will have an adequate opportunity to vote under that section.

  Section 80 (2) (c) BEFORE amended by 2019-42-28, effective November 28, 2019 (Royal Assent).

(c) include in each voting area no more than 400 voters, as shown on the Provincial list of voters, unless the chief electoral officer considers that including a greater number will facilitate conducting voting proceedings for the voters.

  Section 82 BEFORE re-enacted by 2019-42-29, effective March 11, 2022 (BC Reg 57/2022).

  Section 83 (3) BEFORE amended by 2019-42-30, effective November 28, 2019 (Royal Assent).

(3) A notice to provide directions for voting, in the form directed by the chief electoral officer, must be at each voting screen in use.

  Section 84 BEFORE re-enacted by 2019-42-31, effective March 11, 2022 (BC Reg 57/2022).

  Section 85 BEFORE re-enacted by 2019-42-31, effective March 11, 2022 (BC Reg 57/2022).

  Section 86 (4) BEFORE amended by 2008-41-22, effective May 29, 2008 (Royal Assent).

(4)  If 2 or more candidates

(a) have the same surnames and given names, or

(b) have names so similar that, in the opinion of the chief electoral officer, they are likely to cause confusion,

the chief electoral officer may modify the names or include additional information to assist voters to identify the candidates, subject to the restrictions under subsection (1) and the approval of those candidates, and may establish their order on the ballot.

  Section 86 (2) (part) BEFORE amended by 2019-42-32(a), effective March 11, 2022 (BC Reg 57/2022).

(2) Ordinary ballots must be prepared in Form 2 as set out in the Schedule to this Act and must include the following:

  Section 86 (2) (c) BEFORE amended by 2019-42-32(b), effective March 11, 2022 (BC Reg 57/2022).

(c) if requested by an independent candidate in his or her nomination documents, an indication that the candidate is independent.

  Section 86 (5) BEFORE amended by 2019-42-32(c), effective March 11, 2022 (BC Reg 57/2022).

(5) Write-in ballots must be prepared in Form 3 as set out in the Schedule to this Act to permit the voter to vote by writing in the name or political party of the candidate for whom the individual wishes to vote.

  Section 86 (6) (part) BEFORE amended by 2019-42-32(d), effective March 11, 2022 (BC Reg 57/2022).

(6) If an election by voting is still required after a candidate withdraws under section 64 or an order is made under section 66 (8) (b) and the ordinary ballot papers for the electoral district have been prepared, the district electoral officer must notify each voting officer as soon as possible and, as time allows,

  Section 86 (7) (part) BEFORE amended by 2019-42-32(d), effective March 11, 2022 (BC Reg 57/2022).

(7) If the ordinary ballot papers for the electoral district have been prepared before an order is made under section 66 (8) (c) or (d), the district electoral officer must notify each voting officer as soon as possible and, as time allows,

  Section 86 (5) BEFORE amended by 2023-14-10, effective May 11, 2023 (Royal Assent).

(5) Write-in ballots must be prepared in the form prescribed by regulation to permit the voter to vote by writing in the name or political party of the candidate for whom the individual wishes to vote.

  Section 87 BEFORE re-enacted by 2019-42-33, effective March 11, 2022 (BC Reg 57/2022).

  Section 87 (3) (b) BEFORE amended by 2023-14-11, effective May 11, 2023 (Royal Assent).

(b) a secrecy envelope;

  Section 88 BEFORE re-enacted by 2019-42-33, effective March 11, 2022 (BC Reg 57/2022).

  Section 90 (2) (c) BEFORE amended by 2019-42-34, effective March 11, 2022 (BC Reg 57/2022).

(c) communicate information regarding how another individual voted or marked a ballot;

  Section 90 (3) BEFORE amended by 2023-10-177, effective March 30, 2023 (Royal Assent).

(3) A voter may not be required in any legal proceedings to reveal how he or she voted in an election.

  Section 91 (1) BEFORE amended by 2019-42-35, effective March 11, 2022 (BC Reg 57/2022).

(1) In the case of an ordinary ballot, an individual votes by making a cross or a tick mark in the blank space provided on the ballot opposite the name of the candidate for whom the individual wishes to vote.

  Section 91 (2) BEFORE amended by 2023-14-12, effective May 11, 2023 (Royal Assent).

(2) In the case of a write-in ballot, an individual votes by writing in the blank space provided on the ballot either

(a) the name of the candidate for whom the voter wishes to vote, or

(b) the name of the registered political party of the candidate for whom the individual wishes to vote.

  Section 92 BEFORE re-enacted by 2019-42-36, effective March 11, 2022 (BC Reg 57/2022).

  Section 93 (4) BEFORE amended by 2019-42-37, effective March 11, 2022 (BC Reg 57/2022).

(4) Other than an individual attending to vote, an individual in the care of an individual attending to vote or a peace officer assisting the voting officer under section 273, each individual present at a voting place while voting proceedings are being conducted and each candidate representative present at a special voting opportunity must make a solemn declaration to preserve the secrecy of the ballot in accordance with section 90.

  Section 95 (4) and (6) BEFORE amended by 2019-42-38(a) and (c), effective March 11, 2022 (BC Reg 57/2022).

(4) A ballot box that has been sealed under subsection (2) must remain sealed and unopened until the ballots are to be counted, unless it is a ballot box for alternative absentee voting or unless it is to be used for another voting opportunity in accordance with section 85 (2).

(6) A ballot box used for alternative absentee voting may be locked rather than sealed, so long as the purposes of this section are reasonably met.

  Section 95 (4.1) was added by 2019-42-38(b), effective March 11, 2022 (BC Reg 57/2022).

  Section 95.01 was enacted by 2019-42-39, effective March 11, 2022 (BC Reg 57/2022).

  Section 96 (2) (a.1) was added by 2008-41-23, effective May 29, 2008 (Royal Assent).

  Section 96 (3) (b) (ii) BEFORE amended by 2015-25-9(a), effective May 28, 2015 (Royal Assent).

(ii) sequentially on a list prepared in accordance with the directions of the chief electoral officer,

  Section 96 (5) was added by 2015-25-9(b), effective May 28, 2015 (Royal Assent).

  Section 96 BEFORE re-enacted by 2019-42-40, effective March 11, 2022 (BC Reg 57/2022).

  Section 97 (2) (e) BEFORE amended by 2008-41-24, effective May 29, 2008 (Royal Assent).

(e) if applicable, the additional requirements referred to in section 96 (2) (d) to (f) must be met.

  Section 97 (7) was added by 2015-25-10, effective May 28, 2015 (Royal Assent).

  Section 97 BEFORE re-enacted by 2019-42-40, effective March 11, 2022 (BC Reg 57/2022).

  Section 98 (3) (d) BEFORE amended by 2008-41-24, effective May 29, 2008 (Royal Assent).

(d) if applicable, the additional requirements referred to in section 96 (2) (d) to (f) must be met.

  Section 98 BEFORE re-enacted by 2019-42-40, effective March 11, 2022 (BC Reg 57/2022).

  Section 98 (3) (b) BEFORE amended by 2022-31-1, effective November 3, 2022 (Royal Assent).

(b) the requirements referred to in section 96 (2) (a) and, if applicable, the additional requirements referred to in section 96 (2) (d) to (f) must be met.

  Section 99 (2) (c) BEFORE amended by 2008-41-24, effective May 29, 2008 (Royal Assent).

(c) if applicable, the additional requirements referred to in section 96 (2) (d) to (f) must be met.

  Section 99 BEFORE repealed by 2019-42-41, effective March 11, 2022 (BC Reg 57/2022).

  Section 100 BEFORE repealed by 2019-42-41, effective March 11, 2022 (BC Reg 57/2022).

  Section 101 BEFORE repealed by 2019-42-41, effective March 11, 2022 (BC Reg 57/2022).

  Part 6, Division 5 heading BEFORE re-enacted by 2019-42-42, effective March 11, 2022 (BC Reg 57/2022).

Division 5 — Alternative Absentee Voting

  Section 102 BEFORE re-enacted by 2019-42-43, effective March 11, 2022 (BC Reg 57/2022).

  Section 103 (1) BEFORE amended by 2008-41-25, effective May 29, 2008 (Royal Assent).

(1)  Voting under this Division must be available as soon as reasonably possible after the district electoral officer establishes an office for the purposes of the election.

  Section 103 BEFORE repealed by 2019-42-43, effective March 11, 2022 (BC Reg 57/2022).

  Section 104 (3) (c) BEFORE amended by 2008-41-24, effective May 29, 2008 (Royal Assent).

(c) if applicable, the additional requirements of section 96 (2) (d) to (f) must be met.

  Section 104 BEFORE re-enacted by 2019-42-43, effective March 11, 2022 (BC Reg 57/2022).

  Section 104.01 was enacted by 2019-42-44, effective March 11, 2022 (BC Reg 57/2022).

  Section 105 BEFORE re-enacted by 2019-42-45, effective March 11, 2022 (BC Reg 57/2022).

  Section 105 (5) BEFORE amended by 2023-14-13, effective May 11, 2023 (Royal Assent).

(5) The chief electoral officer or district electoral officer is not required to mail a mail-in voting package to an individual who has applied if the officer considers that there is insufficient time for the mail-in voting package to be received by the following before the close of final voting:

(a) the individual;

(b) the office at the address described in section 106 (1) (g) (i);

(c) the district electoral officer under section 106 (1) (g) (ii).

  Section 105.01 was enacted by 2019-42-46, effective March 11, 2022 (BC Reg 57/2022).

  Section 105.01 (3) BEFORE amended by 2023-14-14, effective May 11, 2023 (Royal Assent).

(3) The chief electoral officer or district electoral officer is not required to provide a mail-in voting package to an individual referred to in subsection (1) if the officer considers that there is insufficient time for the mail-in voting package to be received by the following before the close of final voting:

(a) the individual;

(b) the office at the address described in section 106 (1) (g) (i);

(c) the district electoral officer under section 106 (1) (g) (ii).

  Section 106 (1) (g) BEFORE amended by 2008-41-26, effective May 29, 2008 (Royal Assent).

(g) if the individual is registering as a voter in conjunction with voting or updating voter registration information, enclose in the outer envelope the application form and documents required by section 41 (2) and (3) or copies permitted by subsection (2) of this section;

  Section 106 BEFORE re-enacted by 2019-42-47, effective March 11, 2022 (BC Reg 57/2022).

  Section 106 BEFORE amended by 2023-14-15, effective May 11, 2023 (Royal Assent).

  Section 107 BEFORE re-enacted by 2019-42-47, effective March 11, 2022 (BC Reg 57/2022).

  Section 107 (1) (part) BEFORE amended by 2023-14-16(a), effective May 11, 2023 (Royal Assent).

(1) An envelope that is received as required by section 106 (1) (g) (i) before the time set by section 75 (3) for the close of final voting must be dealt with by the election official responsible as follows:

  Section 107 (1) (a) BEFORE amended by 2023-14-16(b), effective May 11, 2023 (Royal Assent).

(a) immediately on receipt, the election official must open the outer envelope and record the date of receipt on the certification envelope and in the voting book;

  Section 107 (2) BEFORE repealed by 2023-14-16(c), effective May 11, 2023 (Royal Assent).

(2) An envelope that is received as required by section 106 (1) (g) (ii) before the time set by section 75 (3) for the close of final voting must be dealt with by the election official responsible as follows:

(a) immediately on receipt, the election official must open the outer envelope and record the date of receipt on the certification envelope and in the voting book;

(b) if, on the basis of an included application for registration, the election official is satisfied that the individual is entitled to be registered as a voter, the election official must accept the application and register the individual;

(c) if the election official is satisfied that the individual identified on the certification envelope as using the envelope to vote is the individual to whom the envelope was issued, the election official must initial the certification envelope and place it in a ballot box;

(d) if the election official is not satisfied as referred to in paragraph (b) or (c), the election official must note this on the certification envelope and must place the envelope in a ballot box.

  Section 108 (4) BEFORE amended by 2008-41-27, effective May 29, 2008 (Royal Assent).

(4)  As an exception to section 106 (1) (g), the election official has the authority to accept applications for voter registration and updating of voter registration information and the documents required under section 41 (3) do not need to be enclosed with the certification envelopes.

  Section 108 BEFORE amended by 2019-42-48, effective March 11, 2022 (BC Reg 57/2022).

  Section 108 (4) BEFORE amended by 2023-14-17, effective May 11, 2023 (Royal Assent).

(4) As an exception to section 106 (1) (e), the election official has the authority to accept applications for voter registration and updating of voter registration information and the documents required under section 41 (3), or the solemn declaration required under section 41.1 (3), do not need to be enclosed with the certification envelopes.

  Section 108.01 was enacted by 2019-42-49, effective March 11, 2022 (BC Reg 57/2022).

  Section 108.01 (1) BEFORE amended by 2023-14-18, effective May 11, 2023 (Royal Assent).

(1) The chief electoral officer may establish assisted telephone voting to enable voting by individuals with a vision impairment that would make it difficult for the individuals to vote at a voting opportunity, in a district electoral office or by mail-in voting.

  Section 108.02 was enacted by 2019-42-49, effective March 11, 2022 (BC Reg 57/2022).

  Section 109 (1) BEFORE amended by 2019-42-50(a), effective March 11, 2022 (BC Reg 57/2022).

(1) This section applies to voters who are unable to mark a ballot because of physical disability or difficulties with reading or writing.

  Section 109 (4) BEFORE amended by 2019-42-50(b), effective March 11, 2022 (BC Reg 57/2022).

(4) As an exception to subsection (3), a voting officer may permit an individual to assist more than one member of the individual's family.

  Section 109 (5) (a) (part) BEFORE amended by 2019-42-50(c), effective March 11, 2022 (BC Reg 57/2022).

(a) if the individual assisting is not an election official, the individual must make a solemn declaration that he or she

  Section 109 (5) (a) (ii) BEFORE amended by 2019-42-50(d), effective March 11, 2022 (BC Reg 57/2022).

(ii) will mark the ballot in accordance with the wishes of the voter,

  Section 109 (1) (a) BEFORE amended by 2023-14-19, effective May 11, 2023 (Royal Assent).

(a) who vote by attending at a voting opportunity, and

  Section 109.01 was enacted by 2019-42-51, effective March 11, 2022 (BC Reg 57/2022).

  Section 109.01 (5) (b.1) was added by 2023-14-20, effective May 11, 2023 (Royal Assent).

  Section 110 (4) BEFORE amended by 2019-42-52, effective March 11, 2022 (BC Reg 57/2022).

(4) The election official responsible must ensure that the voter's marked ballot is placed in the appropriate ballot box, taking whatever steps the official considers necessary to maintain the secrecy of the ballot.

  Section 111 (1) BEFORE amended by 2019-42-53, effective March 11, 2022 (BC Reg 57/2022).

(1) An individual's right to vote at a voting opportunity or by alternative absentee voting under section 104 may be challenged in accordance with this section at any time during the procedures to obtain a ballot up until the time the individual receives the ballot.

  Section 112 (2) (a) BEFORE amended by 2019-42-54, effective March 11, 2022 (BC Reg 57/2022).

(a) provide evidence satisfactory to the voting officer that the individual is the named voter, or

  Section 113 (1) BEFORE amended by 2019-42-55, effective March 11, 2022 (BC Reg 57/2022).

(1) If a voter spoils a ballot before it is deposited in a ballot box, the voter may obtain a replacement ballot by giving the spoiled ballot to the election official responsible.

  Section 114 (1) and (3) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(1)  If the start of voting, as set by or under this Act, is delayed at a location and the district electoral officer considers that a significant number of voters would not be able to vote without an extension under this section, the district electoral officer may extend the time for the end of the voting but the extension must not permit voting for a longer length of time than would have been permitted had voting not been delayed.

(3)  If, at the time set by or under this Act for the end of voting at a location, there are individuals waiting in or in line outside the place in order to vote, those individuals are entitled to vote and the ballot box must remain unsealed until their ballots are deposited.

  Section 115 BEFORE re-enacted by 2019-42-56, effective March 11, 2022 (BC Reg 57/2022).

  Section 116 BEFORE amended by 2019-42-154,Sch 2, effective March 11, 2022 (BC Reg 57/2022).

  Section 117 BEFORE amended by 2019-42-57, effective March 11, 2022 (BC Reg 57/2022).

  Section 118 BEFORE re-enacted by 2019-42-58, effective March 11, 2022 (BC Reg 57/2022).

  Section 119 BEFORE re-enacted by 2019-42-58, effective March 11, 2022 (BC Reg 57/2022).

  Section 120 (0.1) was added by 2019-42-59(a), effective March 11, 2022 (BC Reg 57/2022).

  Section 120 (1) BEFORE amended by 2019-42-59(b) to (f), effective March 11, 2022 (BC Reg 57/2022).

(1) The initial count of the votes on ballots in a ballot box must proceed as follows:

(a) a ballot account for the ballot box is to be prepared in accordance with section 121 (1);

(b) the ballot box is to be opened by the voting officer;

(c) any certification envelopes found in the ballot box are to be removed by the voting officer and kept separate and unopened for inclusion with the other election materials as required by section 126;

(d) the remaining ballots are to be considered in accordance with sections 122 to 124;

(e) the ballot account for the ballot box is to be completed in accordance with section 121 (2);

(f) the ballots and other materials are to be packaged in accordance with section 126 for delivery to the district electoral officer.

  Section 120 (1) (b.1) BEFORE amended by 2023-14-21, effective May 11, 2023 (Royal Assent).

(b.1) if

(i) a ballot used by an individual for voting for an electoral district other than the electoral district in which the individual is voting is found in the ballot box and is not in a secrecy envelope and certification envelope, and

(ii) of the ballots in the ballot box, the ballot is the only ballot described by subparagraph (i),

the ballot is to be placed by the election official responsible in a secrecy envelope and certification envelope associated with the ballot, and the certification envelope is to be sealed, and the certification envelope is to be kept separate and unopened, for inclusion with the other election materials required by section 126;

  Section 120.01 was enacted by 2019-42-60, effective March 11, 2022 (BC Reg 57/2022).

  Section 120.02 was enacted by 2019-42-60, effective March 11, 2022 (BC Reg 57/2022).

  Section 120.02 (2), (3) and (4) BEFORE amended by 2023-14-22, effective May 11, 2023 (Royal Assent).

(2) The chief electoral officer must notify candidates of

(a) the place where the process will be undertaken, and

(b) the time when the process will be undertaken, which may be a time after the initial count or the declaration of preliminary results but before the final count.

(3) The following are entitled to be present when the process is undertaken:

(a) candidates in the election;

(b) one candidate representative for each candidate in the election.

(4) If the results of the quality assurance process indicate that the vote-counting equipment did not process ballots accurately in accordance with section 123, the district electoral officer must consider whether to exercise the district electoral officer's discretion under section 136 (1) (a) to recount some or all of the ballots.

  Section 121 BEFORE amended by 2019-42-61, effective March 11, 2022 (BC Reg 57/2022).

  Section 122 BEFORE amended by 2019-42-62, effective March 11, 2022 (BC Reg 57/2022).

  Section 122.01 was enacted by 2019-42-63, effective March 11, 2022 (BC Reg 57/2022).

  Section 122.02 was enacted by 2019-42-63, effective March 11, 2022 (BC Reg 57/2022).

  Section 122.02 (2) and (3) BEFORE amended by 2023-14-23, effective May 11, 2023 (Royal Assent).

(2) The certification envelopes other than those referred to in sections 120 (1) (c) and 122.01 must be opened one at a time and dealt with as follows:

(a) if a certification envelope contains more than one secrecy envelope and 2 or more of those secrecy envelopes contain a ballot,

(i) the secrecy envelopes must be marked as being required to remain unopened under this provision and must be placed inside the certification envelope, which must be resealed,

(ii) the certification envelope must be marked as having been dealt with under this provision, and

(iii) the certification envelope must not be reopened, and the secrecy envelopes must remain unopened and any ballots in them must not be considered on the initial count and on the final count;

(b) if a certification envelope contains more than one secrecy envelope and only one of those secrecy envelopes contains a ballot, the secrecy envelope with the ballot is to be removed from its certification envelope for opening under subsection (3);

(c) if a certification envelope contains a ballot but no secrecy envelope, the election official responsible must deposit the ballot in the ballot box to be used for the initial count, with care to conceal any marking on the ballot from other individuals present;

(d) if a secrecy envelope is uniquely marked, or otherwise uniquely dealt with, in such a manner that the voter could reasonably be identified, the election official responsible must open the secrecy envelope, remove the ballot and deposit the ballot in the ballot box to be used for the initial count, with care to conceal any marking on the envelope and ballot from other individuals present;

(e) if not otherwise dealt with under this subsection, a secrecy envelope is to be removed from its certification envelope for opening under subsection (3).

(3) The remaining secrecy envelopes referred to in subsection (2) (e) are to be opened one at a time and dealt with as follows:

(a) if a secrecy envelope contains more than one ballot,

(i) in the case in which only one ballot is marked, the marked ballot must be placed in the ballot box to be used for the initial count, and

(ii) in the case in which more than one of the ballots are marked,

(A) the ballots must be resealed in the secrecy envelope,

(B) the secrecy envelope must be marked as having been dealt with under this provision, and

(C) the secrecy envelope must not be reopened and the ballots in it must not be considered on the initial count and on the final count;

(b) if a secrecy envelope contains only one ballot, the ballot must be deposited in the ballot box to be used for the initial count.

  Section 122.03 was enacted by 2019-42-63, effective March 11, 2022 (BC Reg 57/2022).

  Section 123 (1) (c) BEFORE amended by 2019-42-64(a), effective March 11, 2022 (BC Reg 57/2022).

(c) the ballot is uniquely marked, or otherwise uniquely dealt with, in such a manner that the voter could reasonably be identified, other than is necessary for the purposes of voting by write-in ballot;

  Section 123 (2) BEFORE amended by 2019-42-64(b), effective March 11, 2022 (BC Reg 57/2022).

(2) Unless rejected under subsection (1), any of the following marks on an ordinary ballot is to be accepted and counted as a vote for the applicable candidate:

(a) a cross in or partly in the blank space provided on the ballot opposite the name of the candidate;

(b) a tick mark that is placed in the location referred to in paragraph (a);

(c) a mark other than one referred to in paragraph (a) or (b) that

(i) is placed in the location referred to in paragraph (a), and

(ii) clearly indicates the intention of the voter to vote for the candidate.

  Section 123 (1) (h) and (3) (b.1) and (d) were added by 2023-14-24, effective May 11, 2023 (Royal Assent).

  Section 124 BEFORE amended by 2019-42-65, effective March 11, 2022 (BC Reg 57/2022).

  Section 124 (3) BEFORE amended by 2023-14-25, effective May 11, 2023 (Royal Assent).

(3) The decision of the election official responsible regarding the acceptance of a vote or the rejection of a ballot may not be challenged except as provided in this section and the decision may only be changed by the district electoral officer under section 136 on the final count or on a judicial recount under Division 3 of this Part.

  Section 125 BEFORE re-enacted by 2019-42-66, effective March 11, 2022 (BC Reg 57/2022).

  Section 126 BEFORE re-enacted by 2019-42-66, effective March 11, 2022 (BC Reg 57/2022).

  Section 128 (1) BEFORE amended by 2019-42-67(a), effective March 11, 2022 (BC Reg 57/2022).

(1) The final count must not take place before the 13th day after general voting day unless authorized by the chief electoral officer.

  Section 128 (3) BEFORE amended by 2019-42-67(b), effective March 11, 2022 (BC Reg 57/2022).

(3) The district electoral officer must notify the candidates of the date and time when and, if this is not the office of the district electoral officer, the place where the final count and the certification envelope preparations referred to in section 131 are to be conducted.

  Section 128 (2) and (3) BEFORE amended by 2023-14-26, effective May 11, 2023 (Royal Assent).

(2) The final count must be conducted at the office of the district electoral officer unless the district electoral officer gives notice under subsection (3) that it is to be conducted at another location.

(3) The district electoral officer must notify the candidates of the date and time when and, if this is not the office of the district electoral officer, the place where the final count and the sorting of certification envelopes referred to in section 131 are to be conducted.

  Section 128 (1) BEFORE amended by 2023-14-52,Sch, effective May 11, 2023 (Royal Assent).

(1) The final count must take place on a date specified by the chief electoral officer, which date must not be before the 4th day after final voting day.

  Section 129 (1) BEFORE amended by 2019-42-68, effective March 11, 2022 (BC Reg 57/2022).

(1) The final count and the preparations under section 131 must be conducted by the district electoral officer.

  Section 129 BEFORE re-enacted by 2023-14-27, effective May 11, 2023 (Royal Assent).

  Section 130 BEFORE re-enacted by 2023-14-27, effective May 11, 2023 (Royal Assent).

  Section 131 BEFORE re-enacted by 2019-42-69, effective March 11, 2022 (BC Reg 57/2022).

  Section 132 (1) (a) and (d) BEFORE amended by 2019-42-70(a) and (b), effective March 11, 2022 (BC Reg 57/2022).

(a) each class of certification envelopes referred to in section 131 (2) must be considered under section 134;

(d) after each class of certification envelopes is dealt with under section 135, the ballot account for the class is to be completed in accordance with section 133 (2);

  Section 132 (1.1) was added by 2019-42-70(c), effective March 11, 2022 (BC Reg 57/2022).

  Section 132 (2) and (3) BEFORE amended by 2019-42-70(d) and (e), effective March 11, 2022 (BC Reg 57/2022).

(2) If it appears from a ballot account prepared in accordance with section 133 (1) that there are so few certification envelopes of a class that the secrecy of the ballots may be at risk, the district electoral officer may authorize the certification envelopes to be combined with those of another class.

(3) If certification envelopes are combined under subsection (2),

(a) the ballot account prepared in accordance with section 133 (1) for the class that has the smaller number of certification envelopes must be attached to the ballot account for the other class, and

(b) the ballot account for the class that has the larger number of certification envelopes must be completed in accordance with section 133 (2) for all combined envelopes.

  Section 132 (1), (2) and (3) BEFORE amended by 2023-14-28, effective May 11, 2023 (Royal Assent).

(1) The final count must proceed as follows:

(a) each class of certification envelopes referred to in section 131 must be considered under section 134;

(b) after a class of certification envelopes is considered under section 134, a ballot account for the class must be prepared in accordance with section 133 (1);

(c) for each class, the certification envelopes to be opened on the final count are to be dealt with in accordance with section 135;

(d) after each class of certification envelopes is dealt with under section 135, the ballot account for the class is to be completed in accordance with section 133;

(e) any recount under section 136 must be conducted in accordance with that section;

(f) the district electoral officer must prepare a summary of the ballot accounts prepared on the initial and the final counts;

(g) the results of the election are to be determined on the basis of the ballot accounts prepared on the initial and final counts.

(2) The district electoral officer may authorize certification envelopes of one class to be combined with certification envelopes of another class if the district electoral officer considers that this is necessary to maintain the secrecy of the ballot.

(3) If certification envelopes are combined under subsection (2), the district electoral officer must prepare a ballot account for the combined certification envelopes in accordance with section 133 (1).

  Section 133 (1) BEFORE amended by 2019-42-71, effective March 11, 2022 (BC Reg 57/2022).

(1) For each class of certification envelopes, the district electoral officer must prepare in duplicate a ballot account with the following information:

(a) the election for which it is prepared;

(b) the class of certification envelopes for which it is prepared;

(c) the number of certification envelopes considered;

(d) the number of certification envelopes to remain unopened under section 134.

  Section 133 BEFORE amended by 2023-14-29, effective May 11, 2023 (Royal Assent).

  Section 134 (1) (a) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(a) the envelope is not completed as required by or under this Act;

  Section 134 (3) BEFORE amended by 2008-41-28, effective May 29, 2008 (Royal Assent).

(3)  A candidate or candidate representative may object in accordance with section 124 to a decision on whether or not a certification envelope is to remain unopened under subsection (1) of this section.

  Section 135 (1) (a) (part) BEFORE amended by 2019-42-72(a), effective March 11, 2022 (BC Reg 57/2022).

(a) if a certification envelope contains more than one secrecy envelope,

  Section 135 (1) (a.1) was added by 2019-42-72(b), effective March 11, 2022 (BC Reg 57/2022).

  Section 135 (2) (a) BEFORE amended by 2019-42-72(c), effective March 11, 2022 (BC Reg 57/2022).

(a) if a secrecy envelope contains more than one ballot,

(i) the ballots must be resealed in the secrecy envelope,

(ii) the secrecy envelope must be marked as having been dealt with under this provision, and

(iii) the secrecy envelope must not be reopened and the ballots in it must not be considered on the final count;

  Section 135 (3) BEFORE amended by 2019-42-72(d), effective March 11, 2022 (BC Reg 57/2022).

(3) After the ballot box has been prepared in accordance with subsections (1) and (2), the final count of the ballots in it is to be completed by

(a) considering the ballots one at a time in accordance with sections 122 to 124, and

(b) completing the ballot account in accordance with section 133 (2).

  Section 135 (1) and (2) BEFORE amended by 2023-14-30, effective May 11, 2023 (Royal Assent).

(1) After the ballot account for a class of certification envelopes is prepared, the certification envelopes other than those referred to in section 134 must be opened one at a time and dealt with as follows:

(a) if a certification envelope contains more than one secrecy envelope and 2 or more of those secrecy envelopes contain a ballot,

(i) the secrecy envelopes must be marked as being required to remain unopened under this provision and must be resealed in the certification envelope,

(ii) the certification envelope must be marked as having been dealt with under this provision, and

(iii) the certification envelope must not be reopened and the secrecy envelopes must remain unopened and any ballots in them must not be considered on the final count;

(a.1) if a certification envelope contains more than one secrecy envelope and only one of those secrecy envelopes contains a ballot, the secrecy envelope with the ballot is to be removed from its certification envelope for opening under subsection (2);

(b) if a certification envelope contains a ballot but no secrecy envelope, the election official responsible must place the ballot in the ballot box to be used for the final count, with care to conceal any marking on the ballot from other individuals present;

(c) if a secrecy envelope is uniquely marked, or otherwise uniquely dealt with, in such a manner that the voter could reasonably be identified, the election official responsible must open the envelope, remove the ballot and place it in the ballot box to be used for the final count, with care to conceal any marking on the envelope and ballot from other individuals present;

(d) if not otherwise dealt with under this subsection, a secrecy envelope is to be removed from its certification envelope for opening under subsection (2).

(2) The remaining secrecy envelopes referred to in subsection (1) (d) are to be opened one at a time and dealt with as follows:

(a) if a secrecy envelope contains more than one ballot,

(i) in the case in which only one ballot is marked, the marked ballot must be placed in the ballot box to be used for the final count, and

(ii) in the case in which more than one of the ballots are marked,

(A) the ballots must be resealed in the secrecy envelope,

(B) the secrecy envelope must be marked as having been dealt with under this provision, and

(C) the secrecy envelope must not be reopened and the ballots in it must not be considered on the final count;

(b) if a secrecy envelope contains only one ballot, the ballot must be placed in the ballot box to be used for the final count;

(c) after all ballots to be considered have been placed in the ballot box, the contents of the ballot box must be mixed to ensure secrecy of the ballot.

  Section 136 (1) (b) BEFORE amended by 2008-41-29, effective May 29, 2008 (Royal Assent).

(b) if requested by a candidate or the official agent of a candidate, must recount some or all, as requested, of the ballots that were considered as part of the initial count.

  Section 136 (0.1) was added by 2019-42-73(a), effective March 11, 2022 (BC Reg 57/2022).

  Section 136 (1) (b) (part) BEFORE amended by 2019-42-73(b), effective March 11, 2022 (BC Reg 57/2022).

(b) if requested in writing within 3 days after general voting day by a candidate or the official agent of a candidate, and the request is made on

  Section 136 (1) sandwich text BEFORE amended by 2019-42-73(c), effective March 11, 2022 (BC Reg 57/2022).

  Section 136 (2) BEFORE amended by 2019-42-73(d), effective March 11, 2022 (BC Reg 57/2022).

(2) A recount under this section must be conducted in accordance with sections 122 to 124, with the ballots from each ballot box considered separately.

  Section 136 BEFORE amended by 2023-14-31, effective May 11, 2023 (Royal Assent).

  Section 137 (1) (part) BEFORE amended by 2019-42-74(a), effective March 11, 2022 (BC Reg 57/2022).

(1) At the conclusion of the final count, the district electoral officer must declare the official election results as follows:

  Section 137 (1.1) was added by 2019-42-74(b), effective March 11, 2022 (BC Reg 57/2022).

  Section 137 (2) BEFORE amended by 2019-42-74(c), effective March 11, 2022 (BC Reg 57/2022).

(2) The results and election as declared under subsection (1) are final subject only to a judicial recount under Division 3 of this Part or a declaration under Part 8.

  Section 138 (0.1) was added by 2019-42-75(a), effective March 11, 2022 (BC Reg 57/2022).

  Section 138 (1) BEFORE amended by 2019-42-75(b), effective March 11, 2022 (BC Reg 57/2022).

(1) After the final count, the district electoral officer must

(a) seal the ballots and the unopened or resealed certification and secrecy envelopes in suitable packages, marking each as to its contents, place the packages in a ballot box and seal the ballot box in accordance with section 95, and

(b) package all other election materials in accordance with the directions of the chief electoral officer.

  Section 138 (3) BEFORE amended by 2019-42-75(c), effective March 11, 2022 (BC Reg 57/2022).

(3) At the end of the time referred to in subsection (2), the district electoral officer must deliver the election materials to the chief electoral officer in accordance with the directions of the chief electoral officer.

  Section 138 BEFORE amended by 2023-14-32, effective May 11, 2023 (Royal Assent).

  Section 139 (2) (e) was added by 2019-42-76, effective March 11, 2022 (BC Reg 57/2022).

  Section 139 (2) (b) BEFORE amended by 2023-14-33, effective May 11, 2023 (Royal Assent).

(b) that unopened or resealed certification or secrecy envelopes contain ballots that should be considered;

  Section 140 (1) BEFORE amended by 2008-41-30, effective May 29, 2008 (Royal Assent).

(1)  Within 24 hours after an application for judicial recount has been filed, the court registry must notify the individual making the application of the date, time and place at which the judicial recount is to be conducted.

  Section 140 (2) BEFORE amended by 2019-42-77, effective March 11, 2022 (BC Reg 57/2022).

(2) The date set under subsection (1) for the judicial recount must be no later than 8 days after the petition commencing the application is filed.

  Section 142 (5) (a) BEFORE amended by 2019-42-78(a), effective March 11, 2022 (BC Reg 57/2022).

(a) consider ballots in accordance with sections 122 and 123 and envelopes in accordance with sections 134 and 135,

  Section 142 (5) (a.1) was added by 2019-42-78(b), effective March 11, 2022 (BC Reg 57/2022).

  Section 149 (1) (a) BEFORE amended by 2019-42-154,Sch 2, effective March 11, 2022 (BC Reg 57/2022).

(a) for one year after general voting day for that election, or

  Section 149 BEFORE amended by 2023-14-34, effective May 11, 2023 (Royal Assent).

  Section 150 (5) (a) BEFORE amended by 2023-10-178, effective March 30, 2023 (Royal Assent).

(a) that a candidate declared elected was not qualified to hold office at the time he or she was elected;

  Section 152 (1) BEFORE amended by 2010-6-97,Sch 7, effective July 1, 2010.

(1)  If the court declares that a candidate is not qualified to hold office or that an election is invalid, the costs, within the meaning of the Rules of Court, of the individual who made the application under section 150 must be paid promptly by the chief electoral officer.

  Section 154 (3) BEFORE amended by 2008-41-31, effective November 1, 2008.

(3)  If the registration of a political party or constituency association is suspended under this Act, during the period of the suspension the organization must not do anything otherwise authorized by subsection (1) or (2).

  Section 155 (3) (f), (g) and (j) BEFORE amended by 2008-41-32, effective November 1, 2008.

(f) the address to which communications to the political party may be addressed;

(g) the names of the principal officers of the political party;

(j) the names and addresses of the savings institutions to be used by the political party as referred to in section 177 (2) (b);

  Section 155 (3) (m) and (n) BEFORE amended by 2016-4-24, effective September 1, 2016 (BC Reg 191/2016).

(m) a solemn declaration of the financial agent of the political party as to the accuracy of the statement submitted under paragraph (l);

(n) a solemn declaration of a principal officer of the organization that it has as a primary purpose the fielding of candidates for election to the Legislative Assembly and any additional evidence necessary to satisfy the chief electoral officer of this;

  Section 156 (3) BEFORE repealed by 2019-42-79(a), effective November 28, 2019 (Royal Assent).

(3) During the 10 years after this section comes into force, a political party must not be registered if, in the opinion of the chief electoral officer, any of the forms of identification referred to in section 155 (3) (a) to (c) is likely to be confused with such a form of identification for another political party

(a) that was represented in the Legislative Assembly during the 10 years before the application was made, or

(b) whose name appeared on a ballot paper at any time during the 10 years before the application was made.

  Section 156 (3.1) was added by 2019-42-79(b), effective November 28, 2019 (Royal Assent).

  Section 157 (3) (d), (e) and (h) BEFORE amended by 2008-41-33, effective November 1, 2008.

(d) the address to which communications to the constituency association may be addressed;

(e) the names of the principal officers of the constituency association;

(h) the names and addresses of the savings institutions to be used by the constituency association as referred to in section 177 (2) (b);

  Section 157 (3) (l) BEFORE amended by 2016-4-25, effective September 1, 2016 (BC Reg 191/2016).

(l) a solemn declaration of the financial agent of the constituency association as to the accuracy of the statement submitted under paragraph (k);

  Section 158 (2) (b) and (c) BEFORE amended by 2019-42-154,Sch 2, effective March 11, 2022 (BC Reg 57/2022).

(b) if an election is called after the application is received but before the determination is completed, within 30 days after general voting day for the election;

(c) if the application is received after an election is called but before 30 days after general voting day for the election, the determination must not be completed until after general voting day but must be completed within 60 days after general voting day.

  Section 159 (5) was added by 2008-41-34, effective November 1, 2008.

  Section 162 BEFORE amended by 2008-41-35, effective November 1, 2008.

  Section 162 (2) was added by 2008-41-35, effective November 1, 2008.

  Section 162 (2) BEFORE amended by 2017-20-3, effective November 30, 2017 (Royal Assent).

(2) The information available for public inspection under subsection (1) must not include the account numbers required under section 155 (3) (j) or 157 (3) (h), as applicable.

  Section 164 (5) BEFORE amended by 2019-42-154,Sch 2, effective March 11, 2022 (BC Reg 57/2022).

(5) As a limit on subsection (4), if a political party applying to be deregistered is represented by a candidate in an election in progress, the chief electoral officer must not deregister the political party until after general voting day for the election.

  Section 170 (1) BEFORE amended by 2008-41-36(a), effective November 1, 2008.

(1)  An organization that is deregistered must file the following financial reports with the chief electoral officer:

  Section 170 (3) BEFORE amended by 2008-41-36(b), effective November 1, 2008.

(3)  Except in the case of a report for a constituency association that is required because an electoral district is disestablished, a report under subsection (1) (a) or (b) must be audited.

  Section 171 (1) (part) BEFORE amended by 2008-41-37, effective November 1, 2008.

(1)  A political party or constituency association that is deregistered must

  Section 174 (2) (b) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(b) fulfill any unfulfilled requirements for the organization established by or under this Act including, without limiting this, filing reports and paying penalties and fines, unless the organization has been granted relief from the requirements under section 225, and

  Section 175 (4) BEFORE amended by 2008-41-38, effective November 1, 2008.

(4)  If the appointment of a financial agent for a registered political party or registered constituency association ends for any reason, the organization must appoint a new financial agent as soon as possible.

  Section 175 (1) (e) was added by 2019-42-80(a), effective November 28, 2019 (Royal Assent).

  Section 175 (2) (b) BEFORE amended by 2019-42-80(b), effective November 28, 2019 (Royal Assent).

(b) a candidate or leadership contestant may appoint an individual as financial agent in accordance with section 176 but, if no financial agent is appointed, the candidate or leadership contestant is his or her own financial agent.

  Section 175 (4) BEFORE amended by 2019-42-80(c), effective November 28, 2019 (Royal Assent).

(4) If the appointment of a financial agent for a registered political party or registered constituency association ends for any reason, the organization must appoint a new financial agent within 60 days.

  Section 175 (5) BEFORE repealed by 2019-42-80(d), effective November 28, 2019 (Royal Assent).

(5) A nomination contestant, although not required to have a financial agent, must ensure that records are maintained respecting nomination contestant contributions and nomination contestant expenses to comply with the requirements of section 209 if applicable.

  Section 176 (1) (e) and (f) were added by 2019-42-81(a), effective November 28, 2019 (Royal Assent).

  Section 176 (4) and (5) BEFORE amended by 2019-42-81(b) and (c), effective November 28, 2019 (Royal Assent).

(4) If a candidate or leadership contestant ceases to have an appointed financial agent, the individual must deliver, in accordance with subsection (3), a statement that the individual is acting as his or her own financial agent.

(5) For certainty, an individual may be the financial agent for more than one organization or individual.

  Section 177 (2) (a) BEFORE amended by 2008-41-39(a), effective November 1, 2008.

(a) ensure that all political contributions, income, election expenses, contestant expenses and other expenditures of the organization or individual for whom the financial agent is acting are properly recorded to allow compliance with the reporting requirements of this Act and the Income Tax Act;

  Section 177 (2.1) was added by 2008-41-39(b), effective November 1, 2008.

  Section 178 BEFORE re-enacted by 2008-41-40, effective November 1, 2008.

  Section 179 (3) BEFORE amended by 2003-70-128, effective March 29, 2004 (BC Reg 64/2004).

(3)  In order to be appointed, an auditor must be qualified to be the auditor of a reporting company under the Company Act.

  Section 179 (2) BEFORE amended by 2008-41-41, effective November 1, 2008.

(2)  If the appointment of an auditor ends for any reason, the organization or candidate must appoint a new auditor as soon as possible.

  Section 180 (5) (a) BEFORE amended by 2002-60-2, effective October 31, 2002 (Royal Assent).

(a) services provided by a volunteer, being an individual who

(i)  voluntarily performs the services,

(ii)  receives no compensation in relation to the services directly or indirectly from the organization or individual to whom the services are provided, or from another organization or individual to whom the provision of such services would otherwise be a political contribution,

(iii)  receives no compensation in relation to the services directly or indirectly from an organization or individual other than his or her employer, and

(iv)  receives no greater compensation from his or her employer than the compensation that the individual would normally receive during the period the services were performed;

  Section 180 (6) (a) BEFORE amended by 2008-41-42(a), effective November 1, 2008.

(a) a transfer of money or other property from, or the provision of services by, a registered political party to

(i)  a candidate representing the political party, or

(ii)  a registered constituency association for the political party;

  Section 180 (6) (a) (iii) was added by 2008-41-42(a), effective November 1, 2008.

  Section 180 (6) (b) BEFORE amended by 2008-41-42(b), effective November 1, 2008.

(b) a transfer of money or other property from, or the provision of services by, a registered constituency association to

(i)  its registered political party, or

(ii)  a candidate who represents its political party or who is the independent member supported by the constituency association;

  Section 180 (6) (b) (iii) was added by 2008-41-42(b), effective November 1, 2008.

  Section 180 (6) (c) BEFORE amended by 2008-41-42(c), effective November 1, 2008.

(c) a transfer of money or other property from, or the provision of services by, a candidate to

(i)  the registered political party represented by the candidate,

(ii)  a registered constituency association for the political party represented by the candidate, or

(iii)  a registered constituency association that supports the candidate as an independent member;

  Section 180 (6) (c) (iv) was added by 2008-41-42(c), effective November 1, 2008.

  Section 180 (6) (c.1) was added by 2008-41-42(d), effective November 1, 2008.

  Section 180 (6) (a) (iv) was added by 2019-42-82(a), effective November 28, 2019 (Royal Assent).

  Section 180 (6) (c.2) was added by 2019-42-82(b), effective November 28, 2019 (Royal Assent).

  Section 180 (6) (d) BEFORE amended by 2019-42-82(c), effective November 28, 2019 (Royal Assent).

(d) the transfer of a surplus under section 205 (2) (a);

  Section 180 (6) (d.1) was added by 2019-42-82(d), effective November 28, 2019 (Royal Assent).

  Section 181 BEFORE re-enacted by 2017-20-4, effective November 30, 2017 (Royal Assent).

  Section 181.01 was enacted by 2017-20-4, effective November 30, 2017 (Royal Assent).

  Section 182 (2) BEFORE amended by 2017-20-5(a), effective November 30, 2017 (Royal Assent).

(2) If a charge per individual is made for a fundraising function, the following rules apply:

(a) the payment of such a charge by an organization is a political contribution;

(b) if the per individual charge is greater than $50, or a higher amount established by regulation, the payment of such a charge by an individual is a political contribution;

(c) if the per individual charge is the amount referred to in paragraph (b) or less,

(i) the payment by an individual of more than $250, or a higher amount established by regulation, in respect of one or more charges is a political contribution, and

(ii) the payment by an individual of the amount referred to in subparagraph (i) or less in respect of one or more charges is not a political contribution.

  Section 182 (2.1) and (2.2) were added by 2017-20-5(a), effective November 30, 2017 (Royal Assent).

  Section 182 (4) and (5) BEFORE amended by 2017-20-5(b) and (c), effective November 30, 2017 (Royal Assent).

(4) The value of property or services, or both, donated by an organization or individual for sale at a fundraising function is a political contribution unless the property or services or both, as applicable,

(a) are used for sale at the fundraising function, and

(b) have a total value that is not greater than $250 or a higher amount established by regulation.

(5) Despite subsection (2), for the purposes of section 20 of the Income Tax Act, the amount, if any, by which the charge per individual for a fundraising function exceeds the reasonably estimated cost of the function apportioned on a per individual basis is the political contribution in respect of that charge.

  Section 182 (5) BEFORE amended by 2020-18-7, effective August 14, 2020 (Royal Assent).

(5) Despite subsections (2.1) and (2.2), for the purposes of section 20 of the Income Tax Act, the amount, if any, by which the charge per individual for a fundraising function exceeds the reasonably estimated cost of the function apportioned on a per individual basis is the political contribution in respect of that charge.

  Section 183 (1) BEFORE amended by 2008-41-43(a), effective November 1, 2008.

(1)  Subject to this Division, an election expense is the value of property or services used during a campaign period by or on behalf of a candidate, registered constituency association or registered political party

  Section 183 (4) (b) BEFORE amended by 2008-41-44, effective November 1, 2008.

(b) the cost of travelling to or within the electoral district;

  Section 183 (4) (c) BEFORE amended by 2008-41-43(b), effective November 1, 2008.

(c) the cost of lodging, meals and incidental charges while travelling to or within the electoral district;

  Section 183 (1) BEFORE amended by 2015-25-11, effective May 28, 2015 (Royal Assent).

(1) Subject to this Division, an election expense is the value of property or services used within the period beginning 60 days before a campaign period and ending at the end of the campaign period by or on behalf of a candidate, registered constituency association or registered political party

(a) to promote or oppose, directly or indirectly, the election of a candidate, or

(b) to promote or oppose, directly or indirectly, a registered political party.

  Section 184 (4) (b) BEFORE amended by 2008-41-44, effective November 1, 2008.

(b) the cost of travelling to or within the electoral district in the case of a nomination contestant, and within British Columbia in the case of a leadership contestant;

  Section 184 (2.1) was added by 2019-42-83, effective November 28, 2019 (Royal Assent).

  Part 10, Division 2.1, sections 185.01 and 185.02 were enacted by 2017-20-6, effective September 19, 2017 (day after 1st Reading) [retro from November 30, 2017 (Royal Assent)].

  Section 185.01 (2) BEFORE amended by 2019-42-84, effective November 28, 2019 (Royal Assent).

(2) A major political party, a candidate who is a representative of a major political party, a leadership contestant for a major political party or a constituency association that is the local organization for a major political party must not accept a political contribution raised at a specified fundraising function described in subsection (1).

  Section 185.02 (1) (part) BEFORE amended by 2019-42-85(a), effective November 28, 2019 (Royal Assent).

(1) No later than 7 days before the date of a specified fundraising function, the organization or individual who plans to hold the specified fundraising function must provide to the chief electoral officer, and to the financial agent of the political party, candidate, leadership contestant or constituency association on whose behalf the specified fundraising function will be held, the following information:

  Section 185.02 (1) (e) BEFORE amended by 2019-42-85(b), effective November 28, 2019 (Royal Assent).

(e) the usual name of the political party, candidate, leadership contestant or constituency association that is holding the specified fundraising event or on whose behalf the specified fundraising event is being held.

  Section 185.02 (1.1) was added by 2019-42-85(c), effective November 28, 2019 (Royal Assent).

  Section 185.02 (2) and (3) BEFORE amended by 2019-42-85(d) and (e), effective November 28, 2019 (Royal Assent).

(2) No later than 60 days after the date of the specified fundraising function, the organization or individual who held the fundraising function must provide to the chief electoral officer, and to the financial agent of the political party, candidate, leadership contestant or constituency association on whose behalf the specified fundraising function was held, the following information:

(a) the name of every member of the Executive Council, parliamentary secretary or leader of the political party who attended the specified fundraising function;

(b) the number of charges per individual received for the specified fundraising function;

(c) the amount of political contributions raised at the specified fundraising function.

(3) The individual or organization that provides the information to the chief electoral officer under subsections (1) and (2) must, if the individual or organization becomes aware that the information has changed or is not accurate, provide to the chief electoral officer updated information as soon as possible.

  Section 185.02 (3.1) was added by 2019-42-85(f), effective November 28, 2019 (Royal Assent).

  Section 185.02 (4) (a) BEFORE amended by 2019-42-85(g), effective November 28, 2019 (Royal Assent).

(a) publish, as soon as practicable, on an Elections BC authorized internet site the information received under subsections (1), (2) and (3), other than the information described in subsection (1) (d) (i), and

  Section 185.02 (4) (b) BEFORE amended by 2019-42-154,Sch 2, effective March 11, 2022 (BC Reg 57/2022).

(b) ensure the information continues to be published on an Elections BC authorized internet site until one year after general voting day for the next general election.

  Section 186 (4) was added by 2002-60-3, effective October 31, 2002 (Royal Assent).

  Section 186 (1) (c) BEFORE amended by 2008-41-45, effective November 1, 2008.

(c) make a political contribution of money in an amount greater than $100, or a higher amount established by regulation, except by means of

(i)  a cheque with the name of the contributor legibly shown on it and drawn on an account in the contributor's name maintained in a savings institution,

(ii)  a money order with the name of the contributor legibly shown on it and signed by the contributor, or

(iii)  a credit card in the name of the contributor, evidenced by an authorization for the payment with the name of the contributor legibly shown on it and signed by the contributor;

  Section 186 (1) (c) (iv) was added by 2008-41-45, effective November 1, 2008.

  Section 186 (0.1) was added by 2017-20-7(a), effective November 30, 2017 (Royal Assent).

  Section 186 (1) (part) BEFORE amended by 2017-20-7(b), effective November 30, 2017 (Royal Assent).

(1) An individual or organization must not do any of the following:

  Section 186 (2) BEFORE amended by 2017-20-7(c) and (d), effective November 30, 2017 (Royal Assent).

(2) As exceptions to subsection (1) (d) and (e),

(a) an individual or organization may make a political contribution indirectly by providing compensation to an individual who provides services that are a political contribution, in which case the individual or organization providing the compensation is the contributor for the purposes of this Act, and

(b) an individual may make a political contribution with the money of another individual, but must disclose to the individual required to record the contribution under section 190 the full name and address of the individual whose money is being used.

  Section 186 (3) and (4) BEFORE repealed by 2017-20-7(e), effective November 30, 2017 (Royal Assent).

(3) An unregistered political party or unregistered constituency association must not make a political contribution.

(4) A charitable organization must not make a political contribution.

  Section 186.01 was enacted by 2017-20-8, effective November 30, 2017 (Royal Assent).

  Section 186.01 (1) BEFORE amended by 2019-42-86(a), effective November 28, 2019 (Royal Assent).

(1) An eligible individual must not make political contributions that have a total value greater than the applicable amount under subsection (2) or (3).

  Section 186.01 (5) was added by 2019-42-86(b), effective November 28, 2019 (Royal Assent).

  Section 186.02 was enacted by 2017-20-8, effective November 30, 2017 (Royal Assent).

  Section 186.02 (1) (c) and (d) were added by 2019-42-87(a), effective November 28, 2019 (Royal Assent).

  Section 186.02 (3) BEFORE amended by 2019-42-87(b), effective November 28, 2019 (Royal Assent).

(3) For 2019 and each following year, the fee amounts described in subsection (1) increase by $10 each January 1.

  Section 186.03 was enacted by 2017-20-8, effective November 30, 2017 (Royal Assent).

  Section 186.03 (2) (b) BEFORE amended by 2023-10-179, effective March 30, 2023 (Royal Assent).

(b) does not exceed the contribution limits set in section 186.01, taking into account any political contribution the individual made before his or her death.

  Section 187 (1.1) was added by 2008-41-46, effective November 1, 2008.

  Section 187 (1.01) was added by 2017-20-9(a), effective November 30, 2017 (Royal Assent).

  Section 187 (1.1) BEFORE amended by 2017-20-9(b), effective November 30, 2017 (Royal Assent).

(1.1) A financial agent or an individual authorized under subsection (1) must not accept a political contribution from a political party or electoral district association that is registered under the Canada Elections Act.

  Section 189 (3) BEFORE amended by 2008-41-47, effective November 1, 2008.

(3)  A financial agent must use his or her best efforts to obtain and destroy the contributor's copy of any tax receipt issued for a political contribution referred to in subsection (1).

  Section 189 (3) (part) BEFORE amended by 2019-42-88(a), effective November 28, 2019 (Royal Assent).

(3) A financial agent must use his or her best efforts to obtain the contributor's copy of any tax receipt issued for a political contribution referred to in subsection (1), and, if the tax receipt is obtained, the financial agent must

  Section 189 (5) BEFORE amended by 2019-42-88(b), effective November 28, 2019 (Royal Assent).

(5) If an account maintained by a financial agent for a candidate or leadership contestant contains insufficient funds to make a payment required under subsection (1) or (2), the individual for whom the financial agent is appointed must provide the necessary funds to meet the deficiency.

  Section 190 (4) (d) was added by 2008-41-48, effective November 1, 2008.

  Section 190 (1) (b) BEFORE amended by 2017-20-10(a), effective November 30, 2017 (Royal Assent).

(b) the date the contribution was made;

  Section 190 (1) (d) and (e) BEFORE repealed by 2017-20-10(b), effective November 30, 2017 (Royal Assent).

(d) the class of the contributor as described in subsection (2);

(e) if the contributor is a numbered corporation or an unincorporated organization, the full names and addresses of at least 2 individuals

(i) who are directors of the organization, or