Purposes of this Act

1   The purposes of this Act are

(a) to provide a legal framework and foundation for the establishment and continuation of local governments to represent the interests and respond to the needs of their communities,

(b) to provide local governments with the powers, duties and functions necessary for fulfilling their purposes, and

(c) to provide local governments with the flexibility to respond to the different needs and changing circumstances of their communities.

Purposes of regional districts

2   Recognizing that regional districts are an independent, responsible and accountable order of government within their jurisdiction, the purposes of a regional district include

(a) providing good government for its community,

(b) providing the services and other things that the board considers are necessary or desirable for all or part of its community,

(c) providing for stewardship of the public assets of its community, and

(d) fostering the current and future economic, social and environmental well-being of its community.

Principles for governmental relations

3   The relationship between regional districts and the Provincial government in relation to this Act is based on the following principles:

(a) cooperative relations between the Provincial government and regional districts are to be fostered in order to efficiently and effectively meet the needs of the citizens of British Columbia;

(b) regional districts need the powers that allow them to draw on the resources required to fulfill their responsibilities;

(c) notice and consultation is needed for Provincial government actions that directly affect regional district interests;

(d) the Provincial government recognizes that different regional districts and their communities have different needs and circumstances and so may require different approaches;

(e) the independence of regional districts is balanced by the responsibility of the Provincial government to consider the interests of the citizens of British Columbia generally.

Broad interpretation

4   (1) The powers conferred on regional districts and their boards under this Act must be interpreted broadly in accordance with the purposes of this Act and in accordance with regional district purposes.

(2) If

(a) an enactment confers a specific power on a regional district or board in relation to a matter, and

(b) the specific power can be read as coming within a general power conferred under this Act,

the general power must not be interpreted as being limited by that specific power, but that aspect of the general power that encompasses the specific power may only be exercised subject to any conditions and restrictions established in relation to the specific power.

Definitions

5   In this Act:

"alternative approval process" means, in relation to a regional district, approval of the electors obtained in accordance with section 86 [alternative approval process] of the Community Charter as that section applies under section 797.5 [approval of the electors] of this Act;

"approval of the electors" means, in relation to a regional district, approval in accordance with section 797.5 [approval of the electors];

"approving officer" means an approving officer as defined in the Land Title Act;

"assent of the electors" means, in relation to a regional district, assent of the electors in accordance with section 85 [assent of the electors] of the Community Charter as it applies under section 797.5 [approval of the electors] of this Act;

"assent voting" means assent voting under Part 4 [Assent Voting];

"assessment roll" means, in relation to a tax under Part 23 [Improvement Districts], an assessment roll under Division 3 [Taxes and Cost Recovery] of that Part;

"board" means, in relation to a regional district, the board of directors for the regional district;

"board committee" means

(a) a select committee of a board,

(b) a standing committee of a board, or

(c) any other body established by a board that is composed solely of board members;

"building inspector" means, in relation to a regional district, an individual designated by the board as a building inspector for the regional district;

"chair" means the chair of a board who is elected under section 792 [chair and vice chair of board];

"chief election officer" means the election official appointed under section 41 (1) or under letters patent;

"conservation" includes, in relation to heritage, any activity undertaken to protect, preserve or enhance the heritage value or heritage character of heritage property or an area;

"corporate officer" means,

(a) in relation to a regional district, the regional district officer assigned responsibility under section 198 [corporate administration], and

(b) in relation to the City of Vancouver, the City Clerk under section 220 of the Vancouver Charter;

"designated local government officer" means the designated municipal officer or designated regional district officer, as applicable;

"designated regional district officer" means

(a) the regional district officer assigned responsibility under section 196 [officer positions] in relation to the matter, or

(b) if no assignment referred to in paragraph (a) has been made, the regional district corporate officer;

"director" means, in relation to a regional district, a member of the board, whether as a municipal director under section 784 [municipal directors], a treaty first nation director under section 795.2 [treaty first nation directors] or as an electoral area director under section 785 [electoral area directors];

"district municipality" includes a township;

"election official" means a person appointed under section 41 and a chief election officer and deputy chief election officer appointed under letters patent;

"elector" means a resident elector or non-resident property elector of a municipality or regional district electoral area;

"electoral area" means an electoral area in a regional district as specified by the letters patent for the regional district;

"electoral area director" means a director for an electoral area who is elected or appointed under section 785 [electoral area directors] from an electoral area;

"electoral participating area" means an area that is in a service area and that is all or part of an electoral area;

"establishing bylaw" means an establishing bylaw, under section 800 [establishing bylaws required for most services], for a regional district service;

"financial officer" means

(a) in relation to a regional district, the regional district officer assigned responsibility under section 199 [financial administration], and

(b) in relation to the City of Vancouver, the City Treasurer under section 226 of the Vancouver Charter;

"financial plan" means the current financial plan for a regional district under section 815 [financial plan];

"francophone education authority" means a francophone education authority as defined in the School Act;

"general bylaw" means, in relation to a regional district, a bylaw referred to in section 138 [municipal codes and other general bylaws] of the Community Charter as it applies under section 794 (5) [procedure, bylaws and enforcement] of this Act;

"general local election" means the elections referred to in section 36 (1) [elections for council members and electoral area directors];

"general voting day" means,

(a) in relation to an election, the applicable day established under

(i) section 12.2 (1) (a) [first election for municipality],

(ii) section 36 (2) [general local elections],

(iii) section 37 (5) [by-elections],

(iv) section 38 [election to be conducted under minister's order],

(v) section 142 (5) [runoff election if tie vote after a judicial recount], or

(vi) section 155 [ministerial orders in special circumstances], and

(b) in relation to assent voting, the applicable day established under

(i) section 162 [authority to set general voting day],

(ii) section 167 (5) (b) [special procedures if voting is conducted by more than one local government], or

(iii) section 155 [ministerial orders in special circumstances] as it applies to assent voting;

"greenhouse gas" has the same meaning as in the Greenhouse Gas Reduction Targets Act;

"heritage character" means the overall effect produced by traits or features which give property or an area a distinctive quality or appearance;

"heritage property" means property that

(a) in the opinion of a body or person authorized to exercise a power under this Act or the Community Charter in relation to the property, has sufficient heritage value or heritage character to justify its conservation, or

(b) is protected heritage property;

"heritage value" means historical, cultural, aesthetic, scientific or educational worth or usefulness of property or an area;

"improvement district" means an improvement district, including a mountain resort improvement district, incorporated under this or any other Act;

"land use contract" means a land use contract within the meaning of section 702A of the Municipal Act, R.S.B.C. 1960, c. 255, before that section was repealed under section 13 of the Municipal Amendment Act, 1977;

"loan authorization bylaw" means, in relation to a regional district, a loan authorization bylaw under section 179 [loan authorization bylaws for long term borrowing] of the Community Charter as it applies under section 819 [application of Community Charter borrowing and liability provisions] of this Act;

"local government" means

(a) the council of a municipality, and

(b) the board of a regional district;

"local government offices" means,

(a) in relation to a municipality, the municipal hall, and

(b) in relation to a regional district, the regional district offices;

"local trust committee" means a local trust committee within the meaning of the Islands Trust Act;

"manage", with respect to land, improvements, personal property or other property, includes conserve, use, develop, construct, improve, operate, administer and maintain, as applicable;

"mountain resort improvement district" means a mountain resort improvement district incorporated under section 732 [incorporation of mountain resort improvement districts];

"mountain resort municipality" means a mountain resort municipality incorporated under section 11 [incorporation of mountain resort municipality];

"municipal director" means a director for a municipality who is appointed under section 784 [municipal directors];

"municipal participating area" means an area that is in a service area and that is all or part of a municipality;

"municipality" means, in relation to a regional district, a municipality in the regional district and, in the case of the Greater Vancouver Regional District, includes the City of Vancouver;

"non-resident property elector", in relation to a municipality or a regional district electoral area, means a person who, at the relevant time, meets the qualifications for registration under section 51 [non-resident property electors] as a non-resident property elector of the municipality or electoral area;

"official community plan" means an official community plan adopted under section 876 [authority to adopt by bylaw];

"participant" means,

(a) in relation to a municipal participating area, the council of the municipality,

(a.1) in relation to a treaty first nation participating area, the governing body of the treaty first nation, and

(b) in relation to an electoral participating area, the director of the electoral area;

"participating area" means a municipal participating area, a treaty first nation participating area or an electoral participating area, as applicable;

"partnering agreement" means, in relation to a regional district, an agreement between the regional district and a person or public authority under which the person or public authority agrees to provide a service on behalf of the regional district, other than a service referred to in section 800 (2) (a) and (b) [regional district general and electoral area administrative services];

"protected heritage property" means property that is

(a) protected under section 13 (2) of the Heritage Conservation Act,

(b) included under section 970.1 (3) (b) [designation of heritage conservation areas] in a schedule to an official community plan, or

(c) designated as protected under bylaws made under section 967 [heritage designation protection];

"regional district" means, as applicable,

(a) a regional district incorporated under this Act, or

(b) the geographic area of a regional district corporation referred to in paragraph (a);

"regional district offices" means the location of the regular office of the corporate officer for the regional district;

"regional growth strategy" means a regional growth strategy under Part 25;

"regional park" means a park set aside and dedicated as a park under the Park (Regional) Act and continued under this Act or a park dedicated by a regional district under this Act;

"regional trail" means a footpath, pathway, trail or area of land dedicated as a regional trail under the Park (Regional) Act and continued under this Act or a trail dedicated by a regional district under this Act;

"regulatory service" means, in relation to a regional district, the exercise of a regulatory authority conferred on a regional district under this or another Act, other than the exercise of regulatory authority under Part 15 [Specific Regional District Service Powers], section 796 (4) and (5) [general authority for services] or section 796.2 [general authorities in relation to services];

"requisition" means a requisition under section 795.31 [requisition of funds for treaty lands], 805 [requisition of funds from municipalities] or 806 [requisition of funds for electoral areas];

"reserve fund" means, in relation to a regional district, a reserve fund under Division 4 [Reserve Funds] of Part 6 of the Community Charter as it applies under section 814 [general accounting rules] of this Act;

"resident elector", in relation to a municipality or a regional district electoral area, means a person who, at the relevant time, meets the qualifications for registration under section 50 [resident electors] as a resident elector of the municipality or electoral area;

"resort region" means a resort region designated under section 6.8;

"rural land use bylaw" means a bylaw referred to in section 873.1 [rural land use bylaws];

"security issuing bylaw" means a security issuing bylaw under section 825 [security issuing bylaws];

"service" means, in relation to a regional district,

(a) an activity, work or facility undertaken or provided by or on behalf of the regional district and the exercise of regulatory authority under Part 15 [Specific Regional District Service Powers], section 796 (4) and (5) [general authority for services] or section 796.2 [general authorities in relation to services] in relation to such an activity, work or facility, and

(b) a regulatory service;

"service area" means, in relation to a regional district, the area in which a service is provided, being comprised of the participating areas for the service;

"subdivision servicing bylaw" means a bylaw under section 938 [subdivision servicing requirements];

"Surveyor of Taxes" has the same meaning as in the Taxation (Rural Area) Act;

"taxing treaty first nation" has the same meaning as in the Treaty First Nation Taxation Act;

"treaty first nation director" means a director for a treaty first nation who is appointed under section 795.2 [treaty first nation directors];

"treaty first nation participating area" means the area of the treaty lands of a treaty first nation that is in a service area;

"trust council" means the trust council within the meaning of the Islands Trust Act;

"vice chair" means the vice chair of a board who is elected under section 792 [chair and vice chair of board];

"zoning bylaw" means a bylaw under section 903 [zoning bylaws].

Application of Community Charter definitions

5.1   Unless a term is otherwise defined in this Act or a contrary intention appears in this Act, the definitions in the Community Charter apply to this Act.

Not enacted

6   [Not enacted under Part 1; see Part 1.1.]

References to regional district officers

6.1   Words in an enactment referring to a regional district officer, by name of office or otherwise, also apply to

(a) the officer's deputy, and

(b) any person designated by the board to act in the officer's place.

Special rule for Mountain Time Zone

6.2   In those areas of British Columbia in which Mountain Standard Time or Mountain Daylight Time is customarily used, section 25 (7) [calculation of time] of the Interpretation Act does not apply and instead a reference to a specified time of the day is a reference to Mountain Standard Time or Mountain Daylight Time, as applicable.

Not enacted

6.3   [Not enacted under Part 1; see Part 1.1.]

How notices must be published in a newspaper

6.4   If this Act requires that notice be given by publication in a newspaper, the notice must be published in accordance with section 94 (1) (b) [requirements for public notice] of the Community Charter.

Giving notice to regional districts

6.5   If an enactment requires or permits

(a) notice to be given to a board or a regional district,

(b) a document to be served on a board or a regional district,

(c) a document to be filed with a board or a regional district, or

(d) a document to be delivered, sent, submitted or otherwise provided to a board or a regional district,

the notice, service, filing or other provision is effected if the notice or document is, as applicable, given to, served on, filed with or otherwise provided to the regional district corporate officer.

Notice by regional district: obligation satisfied
if reasonable effort made

6.51   If this or another Act requires a regional district, a board or a regional district officer or employee to give notice or to mail, send or deliver a notice, the obligation is satisfied if a reasonable effort was made to mail or otherwise deliver the notice.

Power to make regulations

6.6   (1) The Lieutenant Governor in Council may make regulations referred to in section 41 [powers to make regulations] of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting any matter for which regulations of the Lieutenant Governor in Council are contemplated by this Act.

(3) In addition to any other variation authority that is specifically provided, a regulation that may be made by the Lieutenant Governor in Council or a minister under any provision of this Act, or of the Community Charter as it is made applicable under this Act, may

(a) establish different classes of bylaws, municipalities, regional districts, other bodies governed by this Act, persons, property, circumstances and other matters,

(b) make different provisions, including exceptions, for different classes referred to in paragraph (a), and

(c) make different provisions, including exceptions, for different bylaws, different municipalities, different regional districts, different bodies governed by this Act, different parts of municipalities or regional districts, different areas or different parts of areas of other bodies governed by this Act and different circumstances and other matters.

Not in force

6.7   [Not enacted under Part 1; see Part 1.1]

Designation of resort regions

6.8   (1) Subject to subsection (2), the Lieutenant Governor in Council may, by regulation, designate an area as a resort region.

(2) An area may be designated as a resort region only if

(a) the area includes a municipality, and

(b) the area does not include a portion of a municipality.

Application of Escheat Act

6.9   Section 4 of the Escheat Act does not apply to land in British Columbia transferred under this Act on dissolution of a municipality, development district, water users' community, improvement district or regional district.

Repealed

5   [Repealed, and re-enacted in Part 1, 2003-52-163.]

Repealed

6   [Repealed 1999-6-23.]

Repealed

6.1-6.2   [Repealed, and re-enacted in Part 1, 2003-52-163.]

Repealed

6.3   [Repealed 2000-7-3.]

Repealed

6.4-6.6   [Repealed, and re-enacted in Part 1, 2003-52-163.]

Repealed

6.7   [Repealed RS1996-323-6.7(6).]

Incorporation of a new municipality

7   (1) On the recommendation of the minister under subsection (2), the Lieutenant Governor in Council may, by letters patent, incorporate the residents of an area into a new municipality.

(2) The minister may recommend incorporation of a new municipality to the Lieutenant Governor in Council if,

(a) in the case of an area for which a vote was taken under section 8 (3) (a), more than 50% of the votes counted as valid favour the proposed incorporation,

(a.1) in the case of an area to which section 279 [no forced amalgamations] of the Community Charter applies, the requirements of that section have been met, or

(b) in the case of an area for which a vote was taken under section 8 (3) (b),

(i) more than 50% of the votes counted as valid favour a change in local government, and

(ii) more than 50% of the votes counted as valid favour the proposed incorporation if a change in local government were made.

(3) If an existing municipality is located inside a new municipality incorporated under subsection (1), the Lieutenant Governor in Council must dissolve the existing municipality by revoking, by order, its letters patent.

Vote required for the incorporation of a new municipality

8   (1) The minister must not recommend the incorporation of a new municipality to the Lieutenant Governor in Council unless a vote of the persons proposed to be incorporated has been taken under this section.

(1.1) If section 279 [no forced amalgamations] of the Community Charter applies, the vote under this section must be conducted separately in each of the existing municipalities.

(2) In any of the following circumstances, the minister may direct that a vote be taken of persons in an area specified by the minister respecting the proposed incorporation of those persons into a new municipality:

(a) on the request of the council of a municipality all or part of which is in the area;

(b) on the request of the board of trustees of an improvement district all or part of which is in the area;

(c) on the request of 2 or more residents of any part of the area that is not in a municipality;

(d) on the minister's own initiative, if the minister is of the opinion that those persons should, in the public interest,

(i) be incorporated into a new municipality, or

(ii) either be incorporated into a new municipality or be included in an existing municipality.

(3) A vote under this section must determine the opinion of the eligible voters

(a) as to whether they favour the proposed new incorporation, or

(b) as to

(i) whether they favour a change in local government for the area, either by the proposed new incorporation or by inclusion in a specified existing municipality, and

(ii) if a change in local government were made, whether they would favour the proposed new incorporation or inclusion in a specified existing municipality.

(4) A vote under subsection (3) (b) must be by 2 questions as follows:

(a) the first question must ask whether the voter favours a change in local government for the area, either by the proposed new incorporation or by inclusion in a specified existing municipality;

(b) the second question must ask whether the voter favours, if a change in local government were made, the proposed new incorporation or inclusion in the specified existing municipality.

(5) As an exception to the requirement that the question to be voted on be in a form that a voter may indicate assent or dissent, a question under subsection (4) (b) must be in a form that a voter may indicate a preference.

(6) As a limit on the authority of the minister under this section, a vote under this section must not be held in a local community under section 838 until 5 years after the later of the following:

(a) the date that the local community was established;

(b) the date that the latest vote under this section was taken in the local community.

Procedure and costs for vote on incorporation

9   (1) Part 4 [Assent Voting] applies to a vote under this Part so far as reasonably possible and, for these purposes, the minister may make orders in relation to any matters dealt with under that Part or under the Local Elections Campaign Financing Act as it applies in relation to that Part.

(2) The costs of a vote under this Part must be paid as follows:

(a) if a new municipality is incorporated under section 7 following the vote, the costs of the vote are to be paid by the new municipality;

(b) if a new municipality is not incorporated and the vote was requested under section 8 (2) (a) by an existing municipality, the costs of the vote are to be paid by that municipality;

(c) in other cases, the costs of the vote are to be paid by the Minister of Finance out of the consolidated revenue fund.

Incorporation of municipality in conjunction with resource development

10   (1) The Lieutenant Governor in Council may, by letters patent, incorporate the residents of a rural area into a municipality without holding a vote under this Part if the Lieutenant Governor in Council is of the opinion that it is in the public interest to establish the municipality in conjunction with the development of a natural resource.

(2) Letters patent under this section may

(a) include exceptions from statutory provisions,

(b) specify the effective period or time for an exception, and

(c) provide for restriction, modification or cancellation by the Lieutenant Governor in Council of an exception or its effective period.

(3) For a municipality incorporated under this section, on the recommendation of the minister, the Lieutenant Governor in Council may, by letters patent, provide for further exceptions and conditions.

(4) [Repealed 1999-37-7.]

(5) The council of a municipality incorporated under this section may provide housing for employees of the municipality and may incur liabilities for it, subject to the limit that an obligation incurred for this purpose must not have a term of more than 5 years.

(6) If a municipality is or has been established under this section, the Surveyor General must,

(a) as soon as practicable, establish sufficient coordinate control monuments to enable the area, or a portion of it, to be constituted an integrated survey area under the Land Survey Act, and

(b) on completion of the required survey, constitute the area or portion as an integrated survey area under the Land Survey Act.

(7) After the survey required by subsection (6), the municipality is responsible for the protection and maintenance of the coordinate control monuments.

Incorporation of a mountain resort municipality

11   (1) If a vote under section 8 is in favour of incorporation, the minister may recommend to the Lieutenant Governor in Council incorporation of a municipality as a mountain resort municipality.

(1.1) The minister may not recommend incorporation of a mountain resort municipality under subsection (1) unless the minister is satisfied that

(a) alpine ski lift operations, year-round recreational facilities and commercial overnight accommodation are offered within the area of the proposed municipality, or

(b) a person has entered into an agreement with the government with respect to developing alpine ski lift operations, year-round recreational facilities and commercial overnight accommodation within the area of the proposed municipality.

(2) Despite section 8, in the case of an area that is a mountain resort improvement district, the minister may recommend incorporation of a new mountain resort municipality to the Lieutenant Governor in Council, in accordance with the letters patent of the improvement district.

(2.1) Despite section 8, in the case of an area that is not a mountain resort improvement district, the minister may recommend to the Lieutenant Governor in Council incorporation of a new mountain resort municipality for the area, whether or not there are residents in the area at the time of the recommendation, if the minister is satisfied that a person has entered into an agreement with the government with respect to developing alpine ski lift operations, year-round recreational facilities and commercial overnight accommodation within the area.

(3) On the recommendation of the minister under subsection (1) or (2), the Lieutenant Governor in Council may, by letters patent, incorporate the residents of an area into a mountain resort municipality.

(3.01) On the recommendation of the minister under subsection (2.1), and whether or not there are residents in the area at the time of incorporation, the Lieutenant Governor in Council may, by letters patent, incorporate a new mountain resort municipality for the area, consisting of the members of the municipal council and the residents of the area, if any.

(3.02) For certainty, and unless the letters patent for a mountain resort municipality incorporated under subsection (3.01) provide otherwise,

(a) a mountain resort municipality incorporated under subsection (3.01) is a municipality and any provision of this Act or regulation under this Act or any other Act or regulation that applies to municipalities applies to the mountain resort municipality, and

(b) the council of a mountain resort municipality incorporated under subsection (3.01) is a council and any provision of this Act or regulation under this Act or any other Act or regulation that applies to municipal councils applies to the council of the mountain resort municipality.

(3.1) Letters patent under subsection (3.01) that, on the recommendation of the minister under subsection (2.1), incorporate a mountain resort municipality may do one or more of the following:

(a) include exceptions from statutory provisions;

(b) specify the effective period or time for an exception;

(c) provide for restriction, modification or cancellation by the Lieutenant Governor in Council of an exception or its effective period;

(d) appoint or provide for the appointment of one or more individuals to be the members of the municipal council of the municipality and appoint or provide for the appointment of a mayor from among the appointed members of the municipal council;

(e) despite section 36, provide that the minister may set the general voting day for the first election of members to the municipal council for any date the minister considers appropriate, including a date that is 3 or more years after the incorporation of the mountain resort municipality.

(3.2) For a mountain resort municipality incorporated under subsection (3) on the recommendation of the minister under subsection (2.1), the Lieutenant Governor in Council may, on the recommendation of the minister and by letters patent, provide for further exceptions, conditions and appointments.

(3.3) Appointments may be made under subsection (3.1) (d) or (3.2) until the general voting day for the first election of members to the municipal council.

(4) [Repealed 2008-42-37.]

(5) Section 17 applies with respect to the incorporation of a mountain resort municipality under this section.

Incorporation of island municipality in Islands Trust area

11.1   (1) As an exception to section 17 (1), if the area for a new municipality is entirely within the trust area under the Islands Trust Act, the municipality must be incorporated as an island municipality under the name of the "Island Municipality of ..........." or the "............. Island Municipality".

(2) An island municipality has all the powers and duties of a district municipality, and is subject to all the requirements and limitations of a district municipality, as these are established under this or any other Act.

Incorporation of reserve residents as village

12   (1) On the recommendation of the minister, in order to implement an agreement between the Lieutenant Governor in Council and a band council with the approval of the Governor in Council, the Lieutenant Governor in Council may, by letters patent, incorporate as a village the residents of an area of land inside a reserve as defined in the Indian Act (Canada).

(2) Letters patent under this section may not be issued until

(a) the agreement of the Governor in Council and the band council is obtained, and

(b) the question of incorporation has been submitted to those members of the Indian band who are entitled to vote at the election of the band council and more than 50% of those entitled to vote have voted and of those voting more than 60% have voted in the affirmative.

(3) Letters patent under this section may

(a) include exceptions from statutory provisions,

(b) specify the effective period or time for an exception, and

(c) provide for restriction, modification or cancellation by the Lieutenant Governor in Council of an exception or its effective period.

(4) The letters patent or agreement referred to in subsection (1) may exempt the municipality or owners or residents from a provision of this or another Act and may include a provision considered desirable whether or not it is consistent with any Act.

(5) [Repealed 2004-14-27.]

What must be included in letters patent

12.1   Letters patent incorporating a municipality must specify the municipality's name, boundaries, area and class.

First election for municipality

12.2   (1) Letters patent incorporating a municipality may do one or more of the following:

(a) set the general voting day for the first election or authorize a person to do this;

(b) appoint the chief election officer and deputy chief election officer for the first election or authorize a person or body to do this;

(c) apply to the first election for the municipality all or part of one or more of the following bylaws of another local government:

(i) a bylaw under Part 3 [Electors and Elections];

(ii) a bylaw under section 551 [regulation of signs and advertising];

(iii) a bylaw under section 8 (4) [fundamental powers — signs and advertising] of the Community Charter;

(d) make, to a bylaw applied under paragraph (c), any modifications the Lieutenant Governor in Council considers necessary or advisable in order to apply the bylaw to the first election for the municipality.

(2) The general voting day set under subsection (1) (a)

(a) must be on a Saturday, and

(b) may be before the date the municipality is incorporated.

(3) If the general voting day set under subsection (1) (a) is before the date the municipality is incorporated, Part 3 [Electors and Elections] applies, subject to the letters patent, as if the municipality were incorporated.

First council and neighbourhood constituencies

12.3   (1) Letters patent incorporating a municipality may do one or more of the following:

(a) set the terms of office for first council members, if these are to be different from the terms otherwise established by the Community Charter;

(b) appoint or provide for the appointment of an interim council, which must consist of a mayor and an even number of councillors;

(c) if the letters patent appoint or provide for the appointment of an interim council, despite section 36.1 (1) to (4) [bylaw providing for neighbourhood constituencies], provide that all or some of the councillors be appointed on a neighbourhood constituency basis until the next general local election;

(d) despite section 36.1 (1) to (4) [bylaw providing for neighbourhood constituencies], provide that all or some of the councillors be elected on a neighbourhood constituency basis until the general local election specified in the letters patent;

(e) for the purposes of paragraph (c) or (d), establish the areas that are to be neighbourhood constituencies for the municipality;

(f) for the purposes of paragraph (d), make provisions the Lieutenant Governor in Council considers appropriate for an election on the basis of neighbourhood constituencies for the municipality.

(2) Section 118 (3) [size of council] of the Community Charter does not apply to an interim council.

First regular council meeting

12.4   (1) Letters patent incorporating a municipality may do one or more of the following:

(a) despite section 125 (1) [council meetings] of the Community Charter, set the date for the first regular council meeting and authorize a person to set the time and place for that meeting;

(b) require the council to adopt a procedure bylaw at the first regular council meeting;

(c) require the council to adopt a financial plan at the first regular council meeting;

(d) if a requirement is imposed under paragraph (c), require a person to prepare a proposed financial plan for the first regular council meeting;

(e) if a requirement is imposed under paragraph (c), establish, for the financial plan to be adopted at the first regular council meeting, a planning period that is different than the planning period established by section 165 (3) of the Community Charter;

(f) if a requirement is imposed under paragraph (c), provide that section 166 [public process for development of financial plan] of the Community Charter does not apply in respect of the proposed financial plan that the council must adopt at the first regular council meeting.

(2) Section 135 (3) [requirements for passing bylaws] of the Community Charter does not apply to a procedure bylaw or a bylaw adopting a financial plan that the council is required to adopt at the first regular council meeting following the incorporation of the municipality.

(3) Section 165 (3.1) [objectives and policies set out in financial plan] of the Community Charter does not apply to the financial plan that the council is required to adopt at the first regular council meeting following the incorporation of the municipality.

Transfer of assets and obligations and continuation of bylaws

12.5   (1) In this section:

"dissolved municipality" means a municipality dissolved on the incorporation of a new municipality;

"new municipality" means the municipality incorporated by the letters patent referred to in subsection (2).

(2) Letters patent incorporating a municipality may do one or more of the following:

(a) transfer to and vest in the new municipality any of the dissolved municipality's rights, property and assets;

(b) transfer to and declare as assumed by the new municipality any of the dissolved municipality's obligations;

(c) continue in force any bylaws or resolutions of the dissolved municipality as bylaws or resolutions of the new municipality applicable to the area of the new municipality to which they applied as bylaws or resolutions of the dissolved municipality until those bylaws or resolutions are amended or repealed by the council of the new municipality;

(d) require the council of the new municipality to amend or repeal by a specified date a bylaw or resolution continued under paragraph (c);

(e) deem a reference to the dissolved municipality in any commercial paper, lease, licence, permit or other contract, instrument or document to be a reference to the new municipality.

Letters patent incorporating a municipality — other matters

13   (1) [Repealed 2008-42-40.]

(2) Letters patent incorporating a municipality may do one or more of the following:

(a) to (d) [Repealed 2008-42-40.]

(e) set the sum of money which may be borrowed for the municipality's current expenditure in its first year and, if considered expedient, for the next year;

(f) set dates which may be observed initially, and once only, in place of statutory dates;

(g) and (h) [Repealed 2008-42-40.]

(i) provide that, for the purpose of preparing, completing, returning, confirming and authenticating the assessment roll of land and improvements in the municipality, the land and improvements are deemed, for a specified period before or following incorporation, or both, to be included in or excluded from the municipality.

(j) [Repealed 2008-42-40.]

(3) Letters patent incorporating a mountain resort municipality may do one or more of the following:

(a) provide that section 211 (1) (a) to (c) [requirements for establishing a local area service] of the Community Charter does not apply, but that the inspector may direct that the approval of the electors or the assent of the electors be obtained in relation to the proposed bylaw;

(b) provide that Division 10 of Part 26 [Development Costs Recovery] applies to the municipality as if the municipality were in a resort region;

(c) provide

(i) for the appointment by the minister of one councillor to the municipal council, despite sections 36, 36.1 and 37 (1) (a) and (c) to (e),

(ii) for the minister to make orders relating to any other matters respecting the appointment of the councillor including, without limitation, providing an exception to or modification of a requirement or condition established by this Act or the regulations,

(iii) that the municipal council or the municipal corporate officer must promptly inform the minister if the councillor appointed by the minister resigns his or her office, and

(iv) that section 118 (3) and (6) [size of council] of the Community Charter does not apply;

(d) despite any provision in Part 26,

(i) require the municipality to adopt an official community plan for the municipality within a specified period,

(ii) require that an official community plan may be adopted, amended or repealed only with the approval of the minister, and

(iii) require that all bylaws that may be adopted, amended or repealed under Part 26 may be adopted, amended or repealed only with the approval of the minister until the municipality has adopted an official community plan;

(e) provide that sections 919.1 (1) (g) and 920 (8) apply to the municipality as if the municipality were in a resort region;

(f) require the municipality to

(i) do one of the following:

(A) establish, with the approval of the inspector, a resort advisory committee to provide advice and make recommendations to the municipal council;

(B) designate, with the approval of the inspector, an entity as the resort advisory committee to provide advice and make recommendations to the municipal council, and

(ii) consult with the resort advisory committee on matters specified in the letters patent.

(3.1) Letters patent incorporating an island municipality may do one or more of the following:

(a) vary the term of office for a municipal trustee on the trust council from that established by section 7 of the Islands Trust Act;

(b) establish the process that the council of an island municipality must follow in selecting and appointing municipal trustees to the trust council under section 7 of the Islands Trust Act;

(c) establish the process that the council of an island municipality must follow in submitting bylaws for approval under section 38 of the Islands Trust Act;

(d) transfer to and vest in the island municipality any rights, property or assets of the local trust committee or trust council;

(e) transfer to and declare as assumed by the island municipality any obligations of the local trust committee or trust council;

(f) continue in force any bylaws or resolutions of the trust council as bylaws or resolutions of the island municipality applicable to the area of the island municipality to which they applied as bylaws or resolutions of the trust council until those bylaws or resolutions are amended or repealed by the council of the island municipality;

(g) continue in force any resolutions of the local trust committee as resolutions of the island municipality applicable to the area of the island municipality to which they applied as resolutions of the local trust committee until those resolutions are amended or repealed by the council of the island municipality;

(h) require the council of the island municipality to amend or repeal by a specified date a bylaw continued under section 24 (2) or paragraph (f) of this subsection or a resolution continued under paragraph (f) or (g) of this subsection;

(i) deem a reference to the local trust committee or trust council in any commercial paper, lease, licence, permit or other contract, instrument or document to be a reference to the island municipality.

(4) [Repealed 2007-6-17.]

(5) In letters patent, the Lieutenant Governor in Council may vary the boundaries of the municipality or proposed municipality from those set out in the request, or from those designated by the minister, to make them regular or conform with the boundaries of neighbouring municipalities, or to exclude or include an area.

(6) [Repealed 2008-42-40.]

(7) [Repealed 2003-52-166.]

(8) [Repealed 2008-42-40.]

Interim corporate officer

13.1   (1) If letters patent incorporating a municipality are issued, the minister may appoint a person as the interim corporate officer of the municipality.

(2) An interim corporate officer's term ends when a corporate officer is appointed for the municipality.

(3) Words in an enactment, other than this section, referring to a corporate officer, by name or otherwise, also apply to an interim corporate officer.

Appointment of additional councillors if boundary extended

13.2   (1) Letters patent extending the area of a municipality may do one or more of the following:

(a) provide for the election or appointment of an even number of additional councillors for the municipality until the general local election specified in the letters patent;

(b) despite section 36.1 (1) to (4) [bylaw providing for neighbourhood constituencies], provide that the additional councillors be elected or appointed on a neighbourhood constituency basis until the general local election specified in the letters patent;

(c) for the purposes of paragraph (b), establish the areas that are to be neighbourhood constituencies for the municipality until the general local election specified in the letters patent;

(d) for the purposes of paragraph (b), make provisions the Lieutenant Governor in Council considers appropriate for an election on the basis of neighbourhood constituencies for the municipality.

(2) If letters patent under this section are issued for a municipality, section 118 (3) [size of council] of the Community Charter ceases to apply in relation to the council until January 1 in the year of the general local election specified in the letters patent.

Tax rate limits

14   (1) Letters patent incorporating a municipality or extending the area of a municipality may do the following:

(a) designate an area that is

(i) in the case of an incorporation of a municipality, all or part of the municipality, or

(ii) in the case of an extension of the area of a municipality, all or part of the area that forms the extension of the municipality;

(b) establish a limit on the tax rate under section 197 (1) (a) [municipal property taxes] of the Community Charter that may be established for a property class by an annual property tax bylaw and imposed on land and improvements in the area designated under paragraph (a) of this subsection.

(2) A tax rate limit established under subsection (1) (b) may be established by doing one or more of the following:

(a) specifying a limit on the tax rate;

(b) specifying a limit on the relationship between tax rates;

(c) establishing formulas for calculating the limit referred to in paragraph (a) of this subsection or the limit on the relationship referred to in paragraph (b) of this subsection;

(d) adopting as the tax rate limit a tax rate set by another authority having taxing powers in respect of land or land and improvements.

(3) Different tax rate limits may be established under subsection (1) (b) for different taxation years.

(4) Section 197 (3) [establishment of tax rates] of the Community Charter does not apply in relation to the tax rate

(a) applicable to an area designated under subsection (1) (a) of this section, and

(b) established for a property class in accordance with a limit established under subsection (1) (b).

(5) If there is a conflict between a tax rate limit established under subsection (1) (b) and a regulation under section 199 [property tax rates regulations] of the Community Charter, the regulation prevails.

(6) If a tax rate limit is established under subsection (1) (b) for property class 1 or 6, the Lieutenant Governor in Council must, by letters patent, specify the time period during which the tax rate limit applies.

(7) The time period specified under subsection (6) may not be more than 20 taxation years.

Municipal revenue sharing

14.1   Letters patent incorporating a municipality or extending the area of a municipality may do one or more of the following:

(a) for the purposes of paragraph (b), designate one or more of the following:

(i) a revenue source of the municipality;

(ii) property in the municipality;

(iii) an area that is all or part of the municipality;

(b) require the municipality to share revenue with another municipality or with a regional district

(i) from a designated revenue source, or

(ii) from a designated revenue source and from the designated property or designated area;

(c) establish ratios or formulas for calculating the amount of revenue to be shared or designate the amount of revenue to be shared;

(d) specify the period for which the revenue is to be shared.

Establishment of local area service

14.2   (1) Letters patent incorporating a municipality or extending the area of a municipality may provide for the establishment of a local area service by

(a) describing the service, and

(b) defining the boundaries of the local service area.

(2) In addition, letters patent under subsection (1) may do one or both of the following:

(a) require the council of the municipality, by a specified date, to

(i) establish a reserve fund for a specified purpose for the local area service, and

(ii) credit an amount of money to the reserve fund in respect of money transferred to the municipality from a reserve fund of a regional district, improvement district or another municipality established for a similar purpose;

(b) specify a date for the purposes of subsection (6).

(3) If letters patent provide for the establishment of a local area service, the council of the municipality must adopt a bylaw to establish the local area service.

(4) The bylaw establishing the local area service must

(a) subject to subsection (5), meet the requirements of Division 5 [Local Service Taxes] of Part 7 of the Community Charter, and

(b) be consistent with the letters patent.

(5) Sections 210 (2) [services that may be provided as local area services] and 211 (1) [requirement to adopt local area service bylaw] of the Community Charter do not apply to the initial adoption of a bylaw under subsection (3) of this section.

(6) A bylaw under subsection (3) must be adopted on or before the date specified under subsection (2) (b) or, if no date is specified, within a reasonable period after the letters patent come into effect.

(7) If no date is specified under subsection (2) (b), the Lieutenant Governor in Council may, by order, specify a date and, if this is done, a bylaw under subsection (3) must be adopted on or before the date specified.

Advisory body

14.3   Letters patent incorporating a municipality or extending the area of a municipality may do one or more of the following:

(a) require the council to establish an advisory body for the municipality;

(b) specify the role of the advisory body;

(c) require the council to consult with the advisory body on specified matters;

(d) provide for the composition of and the manner of appointing members to the advisory body;

(e) specify a date before which the council may not dissolve the advisory body.

Additional powers

14.4   (1) Despite this or any other Act, the Lieutenant Governor in Council may, by letters patent, do one or more of the following in relation to the incorporation of a municipality or the extension or reduction of the area of a municipality:

(a) impose requirements on the municipality;

(b) restrict the powers of the municipality;

(c) make provisions the Lieutenant Governor in Council considers appropriate for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties;

(d) in respect of a provision included in the letters patent under paragraphs (a) to (c), provide an exception to or a modification of a requirement or condition established by an enactment.

(2) Despite this or any other Act, letters patent of a municipality or an order of the Lieutenant Governor in Council under this Part may establish any terms and conditions the Lieutenant Governor in Council considers appropriate in respect of any matter related to the letters patent or order.

(3) As restrictions, in exercising a power under this section, the Lieutenant Governor in Council may not do the following:

(a) override an absolute prohibition contained in an enactment;

(b) eliminate a requirement for obtaining the assent of the electors, unless that requirement is modified by replacing it with a requirement for obtaining the approval of the electors by alternative approval process.

Publication of letters patent

15   (1) On the issue of letters patent under this Act,

(a) the minister must publish a notice in the Gazette in the form prescribed under subsection (2), and

(b) the municipal council, regional district board or improvement district trustees, as applicable, must publish in a newspaper

(i) a copy of the letters patent, or

(ii) a synopsis that states where the letters patent may be examined and, if a boundary description is set out in the synopsis, where a map of the boundary description may be viewed.

(2) The Lieutenant Governor in Council may make regulations prescribing the form of notice under subsection (1) (a).

(3) Letters patent issued for the purpose of giving effect to a final agreement may exempt a municipality or regional district from the requirements under subsection (1) (b).

Repealed

16   [Repealed 1998-34-5.]

Classification of municipalities

17   (1) A municipality must be incorporated as follows:

(a) as a village, if the population is not greater than 2 500;

(b) as a town, if the population is greater than 2 500 but not greater than 5 000;

(c) as a city, if the population is greater than 5 000;

(d) despite paragraphs (a) to (c), as a district municipality if the area to be incorporated is greater than 800 hectares and has an average population density of less than 5 persons per hectare.

(2) For the purpose of calculating the average population density, land continually covered by water must not be taken into account.

(3) Despite subsection (1), if the Lieutenant Governor in Council considers it to be in the public interest to do so, a municipality may be incorporated in another classification provided for in this Act.

Change of municipal classification

18   (1) On request of the council, the Lieutenant Governor in Council may, by letters patent, change the classification of the municipality in accordance with section 17 (1) [classification of municipalities].

(1.1) On request of the council, the Lieutenant Governor in Council may, by letters patent, change the classification of the municipality to another classification provided for in this Act, if the Lieutenant Governor in Council considers it to be in the public interest to do so.

(2) A council may make a request under subsection (1) or (1.1) only after it has obtained the approval of the electors in relation to the proposed change in classification.

(3) [Repealed 2008-42-45.]

(4) If the minister is satisfied that, since the last census, the population of a municipality has changed sufficiently to allow a change of classification, the minister may determine what the population of the municipality is deemed to be for the purposes of determining its classification.

Repealed

19   [Repealed 2003-52-170.]

Extension of municipal area

20   (1) On the recommendation of the minister, the Lieutenant Governor in Council may, by letters patent, extend the area of a municipality to include land not in a municipality.

(2) The Lieutenant Governor in Council may specify in the letters patent that, for the purpose of preparing, completing, returning, confirming and authenticating the assessment roll of land and improvements in the extended municipality, the land and improvements included by the extension are deemed, for a specified period before or after the extension, or both, to be included in or excluded from the municipality.

(3) Before the minister makes a recommendation referred to in subsection (1),

(a) the minister must

(i) notify the council of the proposed recommendation, or

(ii) have received from the council a request for the extension,

(b) the council must give public notice of the proposed extension once in the Gazette, and

(c) the council must obtain the approval of the electors of the municipality in relation to the proposed extension.

(4) and (5) [Repealed 2008-42-46.]

(6) The minister may direct that a vote on the question of including an area in a municipality under this section be taken in that area in the form specified by the minister and, for these purposes, section 9 applies.

Redefinition of boundaries

21   (1) The Lieutenant Governor in Council may, by letters patent, redefine or alter the boundaries of a municipality if it appears to the satisfaction of the Lieutenant Governor in Council that any of the following circumstances apply:

(a) the boundaries are uncertain;

(b) the boundaries do not follow legal property boundaries;

(c) the boundaries do not conform to those of an adjacent municipality;

(d) the whole or part of a highway on or adjacent to the boundary should be included or excluded;

(e) the whole or part of adjoining foreshore and any area below low water mark should be included or excluded;

(f) the whole or part of the adjoining foreshore along a river, stream or lake, or the foreshore and land covered by water, should be included or excluded;

(g) land adjacent to and owned by the municipality should be included.

(2) Before exercising the powers of subsection (1), the Lieutenant Governor in Council may direct that a notice of intention to redefine or alter the boundaries of a municipality be given at municipal expense once in the Gazette and once in a newspaper.

Collection of taxes

22   (1) If land is included in a municipality under section 13 (5), 20 or 21, all unpaid taxes previously imposed by the Provincial government or by another municipality on that land are taxes of the municipality in which the land is included, and that municipality may exercise all remedies under this Act and the Community Charter for the collection of those taxes.

(2) The municipality in which the land referred to in subsection (1) is included,

(a) for unpaid taxes previously imposed by the Provincial government, must pay the amount of those taxes to the Surveyor of Taxes by January 1 in the year following the year in which the land is included in the municipality, and

(b) for unpaid taxes previously imposed by another municipality,

(i) may pay the amount of those taxes to the other municipality before they are collected, or

(ii) if the amount of those taxes is not paid under subparagraph (i), must pay that amount to the other municipality as they are collected.

(3) If land shown on the records of a land title office as a single parcel of land lies partly inside and partly outside a municipality and is, under section 13 (5), 20 or 21, wholly included in a municipality, the taxes then unpaid on any part of the land are a charge as unpaid taxes on the whole land.

Transfer of Provincial tax money if rural land included in municipality

23   (1) If land subject to assessment and taxation under the Taxation (Rural Area) Act is included in a municipality, either by incorporation of the municipality or by the extension or redefinition of its boundaries, the Minister of Finance may pay from the consolidated revenue fund to the municipality an amount equal to

(a) the current year's taxes levied under Part 2 of the Taxation (Rural Area) Act, if the date of the letters patent defining or redefining the municipal boundaries is effective before July 1, or

(b) one half of that amount, if that date is after June 30 in any year.

(2) The amount may include taxes levied on the land and improvements under any Act and due to the Provincial government.

(3) The taxes when collected by the municipality are municipal revenue.

(4) An amount to be paid under this section must be paid in January following the year in which the taxes are levied or at another time considered appropriate by the Minister of Finance.

Bylaws extend to additional area

24   (1) The bylaws and resolutions of the municipality to which an addition is made extend to the additional area, and continue in force until altered or repealed by the council.

(2) Despite subsection (1) but subject to section 782 (4.1) and letters patent, if a municipality is incorporated or the area of a municipality is extended, a provision of a bylaw

(a) other than an establishing bylaw, adopted by a regional district, or

(b) adopted by a local trust committee under the Islands Trust Act

that applies to the area continues in force as if it were a bylaw of the municipality until it is amended or repealed by the council.

Repealed

25   [Repealed 2003-52-172.]

Reduction of municipal area

26   (1) On the request of the council made in accordance with this section, the Lieutenant Governor in Council may, by letters patent, reduce the area of a municipality.

(2) Before making a request for reduction, a council must

(a) give public notice of its proposed request in at least 2 consecutive issues of a newspaper and once in the Gazette,

(b) obtain the consent in writing of at least 60% of the electors of the area proposed to be excluded, and

(c) receive the assent of the electors, unless this requirement is waived under subsection (4).

(3) A request for reduction must include the following:

(a) a description of the area proposed to be excluded;

(b) a description of the municipality's new boundaries;

(c) a reasonable estimate of the number of electors in the area to be excluded;

(d) a statement indicating that the required public notice has been given and an affidavit of the designated municipal officer attesting to that publication;

(e) the name, address, signature of consent and date of signature of at least 60% of the electors of the area proposed to be excluded;

(f) an affidavit of the designated municipal officer attesting to the number of electors entitled to sign under paragraph (e);

(g) an affidavit of one or more persons attesting to the authenticity of the electors' signatures under paragraph (e);

(h) the result of the vote required by subsection (2) (c), unless this requirement is waived under subsection (4);

(i) the assessed value for municipal purposes of the taxable land and improvements in the proposed reduced municipality;

(j) evidence satisfactory to the Lieutenant Governor in Council that all creditors of the municipality consent to the proposed reduction or that provision has been made to discharge the debt owing to the creditors whose consent is not obtained;

(k) a statement under oath by the mayor, jointly with the corporate officer and the financial officer, showing the existing liabilities of the municipality and any other information the Lieutenant Governor in Council may require;

(l) other matters that the Lieutenant Governor in Council may prescribe by regulation.

(4) The minister may waive the requirements of subsections (2) (c) and (3) (h).

(5) The Lieutenant Governor in Council may, by letters patent, reduce the area of a municipality without a request from the council if the area excluded is included in a municipality incorporated under section 12.

(6) When an area is excluded from a municipality under this section, the excluded area becomes a rural area.

Municipal letters patent and treaty lands

26.1   (1) Despite section 26 [reduction of municipal area], if municipal boundaries are affected by a final agreement, the Lieutenant Governor in Council, by letters patent, may reduce the area of the municipality.

(2) If under a final agreement, on a specified date or on the occurrence of a specified event, land within a municipality becomes treaty lands of a treaty first nation or is otherwise excluded from the municipality and letters patent have not been issued under subsection (1) in respect of that municipality, the letters patent of the municipality are deemed amended as contemplated by the final agreement.

Redefinition of adjoining municipalities

27   (1) After receiving a request from the council of each of 2 adjoining municipalities, the Lieutenant Governor in Council may, by letters patent, reduce the area of one municipality and extend the area of the other by the area withdrawn.

(2) Section 20 applies to the municipality whose area is extended and section 26 applies to the municipality whose area is reduced.

Repealed

28   [Repealed 2008-42-48.]

Dissolution of a municipality

29   (1) On receiving a request signed by a majority of the electors of the municipality, the Lieutenant Governor in Council may, by order, revoke the letters patent incorporating the municipality.

(2) The Lieutenant Governor in Council may not exercise the power under subsection (1) until the Lieutenant Governor in Council is satisfied that payment and discharge of all debts and obligations of the municipality is provided for.

(3) On the revocation under subsection (1) of the letters patent,

(a) the municipality is dissolved,

(b) all of the municipality's property vests in the Provincial government, and

(c) all taxes imposed by the municipality that remain unpaid are taxes imposed under the Taxation (Rural Area) Act as of the date of the imposition.

(4) In the case of a municipality that is dissolved under this section at a date before taxes are imposed for the calendar year in which the dissolution takes effect, all property inside the boundaries of the dissolved municipality is liable to assessment, taxation, levy and collection of taxes for all purposes in that year under the School Act, as if the property were liable to assessment in the preceding year.

Repealed

30   [Repealed 2008-42-50.]

Rights and liabilities not affected by revocation and reissue of letters patent

31   If letters patent that incorporate a municipality are revoked and others issued,

(a) the revocation or issue does not bar or discharge a right, claim or demand of or against the municipality, or a pending action or proceeding, and the municipality remains as liable and has the same rights and interest as if the letters patent revoked were valid and not revoked,

(b) the municipality is deemed to have been a corporation from the date of the letters patent originally incorporating it, and

(c) a registration in a land title office in the name of the municipality is a registration in the name of the municipality under the new letters patent.

Existing licences preserved

32   (1) A Provincial or municipal licence that

(a) was issued in any locality that has been

(i) incorporated or dissolved as a municipality, or

(ii) added to or excluded from an existing municipality, and

(iii) [Repealed 2008-42-52.]

(b) was in force immediately before the change

is valid until its expiration, subject to the provisions of any Act or a bylaw or regulation of the municipality affected.

(2) On expiration, the reissue or renewal of a licence is governed by the statutory provisions or the appropriate municipal bylaw and regulation.

Definitions

33   In this Part:

"additional advance voting opportunity" means a voting opportunity under section 98;

"additional general voting opportunity" means a voting opportunity under section 96;

"advance voting opportunity" means a required advance voting opportunity or an additional advance voting opportunity;

"candidate"

(a) means a person who is declared to be a candidate under section 74 [declaration of candidates], and

(b) for the purposes of Division 6.1 [Candidate Endorsement by Elector Organization], includes a person who is seeking endorsement or is proposed to be endorsed under that Division;

"candidate representative" means an official agent or a scrutineer appointed under section 81;

"election" means an election for the number of persons required to fill a local government office;

"election area" means the municipality, neighbourhood constituency, regional district electoral area or other area for which an election is held under this Act or other local elections legislation;

"election proceedings" means nomination, voting or counting proceedings under this Part;

"elector organization" means an organization that endorses a candidate under Division 6.1 [Candidate Endorsement by Elector Organization];

"endorsement", in relation to a candidate, means the endorsement of the candidate by an elector organization under Division 6.1 [Candidate Endorsement by Elector Organization];

"endorsement documents" means documents required to be filed by an elector organization under section 73.4 [endorsement documents];

"general voting" means voting proceedings at required general voting opportunities and additional general voting opportunities and, if applicable, those proceedings as adjourned under section 47;

"held at the same time", in relation to elections and assent voting, means being held at the same time in accordance with the rules established by section 6 [when elections, or elections and assent voting, are considered to be held at the same time] of the Local Elections Campaign Financing Act;

"judicial recount" means a judicial recount under Division 14 of this Part;

"neighbourhood constituency" means an election area established as a neighbourhood constituency under section 36.1;

"nomination deposit" means a nomination deposit required by bylaw under section 72.1 [nomination deposits];

"nomination documents" means the documents required by section 72 (1) and (2);

"nomination period" means the period referred to in section 69 or, if applicable, as extended by an adjournment under section 47;

"official agent" means an official agent appointed under section 81 (1) (a) [appointment of candidate representatives] to represent a candidate;

"presiding election official" means, in relation to election proceedings, the chief election officer or the election official appointed under section 41 (3) (a) to act as presiding election official for those proceedings;

"required advance voting opportunity" means a voting opportunity under section 97;

"required general voting opportunity" means a voting opportunity on general voting day at a voting place under section 95;

"residential address" includes an indication of the area in which a person lives if no other specific designation is reasonably available;

"solemn declaration" means a declaration on oath or by solemn affirmation in accordance with section 45;

"special voting opportunity" means a voting opportunity under section 99;

"voting compartment" means an area described in section 113 (3);

"voting day" means the general voting day for an election, a day on which an advance voting opportunity for the election is offered or a day on which a special voting opportunity for the election is offered;

"voting hours" means the time during which voting is permitted on a voting day;

"voting opportunity" means an opportunity referred to in section 94 for some or all electors of an election area to vote in an election for the election area;

"voting place" means a place where voting proceedings at general voting or an advance voting opportunity are conducted.

Time not extended for voting days

34   Section 25 (3) of the Interpretation Act, extending a time period if the time for doing an act falls on a day when a business office is not open during regular business hours, does not apply to a voting day.

This Act prevails in relation to use of information

35   To the extent of any inconsistency or conflict with the Freedom of Information and Protection of Privacy Act, Parts 3 and 4 of this Act apply despite that Act.

General local elections every 4 years

36   (1) Elections for the mayor and all councillors of each municipality and elections for the electoral area directors of each regional district, to be known collectively as a general local election, must be held in the year 2014 and in every 4th year after that.

(2) General voting day for a general local election must be the third Saturday of November in the year of the election.

Municipal elections at large unless on a neighbourhood constituency basis

36.1   (1) Unless a bylaw under subsection (2) applies, every council member must be elected from the municipality at large.

(2) A council may, by bylaw, provide that all or some of the councillors be elected on a neighbourhood constituency basis.

(3) A bylaw under subsection (2) must establish the areas that are to be neighbourhood constituencies and provide for an orderly transition to election on this basis.

(4) The authority under subsection (2) applies despite the letters patent of the municipality, but a bylaw under that subsection must be approved by the Lieutenant Governor in Council before it is adopted.

(5) If a neighbourhood constituency is established,

(a) the only persons who may vote as electors of the neighbourhood constituency are

(i) resident electors of the municipality who meet the qualifications of section 50 in relation to the area of the neighbourhood constituency, and

(ii) non-resident property electors of the municipality who meet the qualifications of section 51 in relation to the area of the neighbourhood constituency, and

(b) except as permitted at an additional general voting or a special voting opportunity, the electors of the neighbourhood constituency may only vote on general voting day at the voting places for that neighbourhood constituency.

(6) The notice of election under section 77 for an election on the basis of a neighbourhood constituency must include the following additional information:

(a) the boundaries of the neighbourhood constituency;

(b) the voting place on general voting day for the neighbourhood constituency;

(c) a description of the qualifications established by subsection (5) (a) that entitle an elector to vote for a council member to represent the neighbourhood constituency.

By-elections

37   (1) Subject to this section, an election must be held to fill a vacancy in an elected local government office that occurs in any of the following circumstances:

(a) the person elected or appointed to the office dies before taking office;

(b) the office is declared vacant on an application under section 143 [application to court respecting validity of election], or a candidate affected by the application renounces claim to the office under subsection (9) of that section;

(c) the person holding the office dies;

(d) the person holding the office resigns from office;

(e) the office becomes vacant under Division 7 [Challenge of Council Member Qualification for Office] of Part 4 of the Community Charter as it applies in relation to that office;

(f) the office becomes vacant under

(i) section 64 (2) [candidate disqualification penalties for failure to disclose], or

(ii) section 65 (1) (a) [candidate disqualification penalties for false or misleading disclosure],

of the Local Elections Campaign Financing Act.

(2) A local government may decide that a by-election is not to be held if the vacancy occurs after July 1 in the year of a general local election that will fill the office.

(3) In addition to the authority under subsection (2), a council may decide that a by- election is not to be held if all the following circumstances apply:

(a) the vacancy occurs after January 1 in the year of a general local election that will fill the office;

(b) the vacancy is not in an office elected on the basis of a neighbourhood constituency;

(c) the number of remaining council members is at least one greater than the quorum for the council, as set under section 129 (1) [quorum for conducting business] of the Community Charter.

(4) As soon as practicable after a vacancy occurs for which an election under this section is to be held, the local government must appoint a chief election officer for the election.

(5) The chief election officer must set a general voting day for the election, which must be on a Saturday no later than 80 days after the date the chief election officer was appointed.

(6) If the number of members of a local government is reduced to less than a quorum, the minister may either

(a) order that the remaining members of the local government constitute a quorum until persons are elected and take office to fill the vacancies, or

(b) appoint qualified persons to fill the vacancies until persons are elected and take office to fill them.

(7) A person elected in a by-election holds office until the end of the term of the office in respect of which the election was held.

Minister's order for election to be conducted

38   (1) If an election is not held or a vacant office is not otherwise filled as required under this Act, the minister may

(a) set a general voting day for the election, appoint a chief election officer and otherwise arrange for the election to be conducted, or

(b) order the designated local government officer to arrange for the election to be conducted.

(2) If considered necessary in relation to an election under subsection (1), the minister may make orders to provide for the conduct of the election and for the governing of the municipality or regional district until the candidates elected in that election take office, including orders that provide for exceptions to provisions of this Act and regulations or bylaws under this Act.

(3) The general voting day for an election under this section must be on a Saturday set by the minister or by the chief election officer in accordance with the directions of the minister.

Election bylaws

39   (1) Unless otherwise provided, in order for a bylaw under

(a) this Part,

(b) section 551 [regulation of signs and advertising], or

(c) section 8 (4) [fundamental powers — signs and advertising] of the Community Charter

to apply in relation to a general local election, the bylaw must be adopted at least 8 weeks before the first day of the nomination period of the general local election.

(2) Unless otherwise provided, in order for a bylaw referred to in subsection (1) to apply in relation to an election under section 37, the bylaw must be adopted at least 6 weeks before the first day of the nomination period for the election.

Costs of elections

40   (1) The costs of an election, including the costs of registration of electors for the election, are the responsibility of the municipality or regional district for which the election is held unless otherwise agreed.

(2) The costs of an election may be shared under an agreement between the local government and another local government, the council of the City of Vancouver or a board of school trustees for the conduct of the election by one party for the other or in conjunction with an election of the other.

(3) A local government that is a party to an agreement under subsection (2) may, by bylaw, provide that the bylaws of the other party respecting elections apply to elections conducted under the agreement.

(4) An agreement referred to in subsection (2) may provide for a party to conduct only some of the election proceedings for or in conjunction with the other party.

(5) An election to which an agreement referred to in subsection (4) applies is valid despite the agreement and any bylaws in relation to it having the effect of creating differences in election proceedings between different parts of the election area for which an election is held.

(6) Without limiting subsection (4), an agreement referred to in that subsection may allow a local government to restrict the persons who may vote at the election proceedings conducted under the agreement to persons who are entitled to be registered as electors in relation to a specified part of the election area for which the election is held.

(7) If a restriction under subsection (6) applies, on any day on which an advance voting opportunity conducted under the agreement is open to electors of only part of the election area for which the election is held, an advance voting opportunity must be open to all electors of that election area on the same day.

(8) So long as any required advance voting opportunities are provided, no bylaw is necessary for an advance voting opportunity required by subsection (7), and the voting opportunity may be held at the place and for the voting hours established by the chief election officer.

(9) The chief election officer must give notice of a voting opportunity to which subsection (8) applies in any manner the chief election officer considers appropriate, including in the notice the date, place and voting hours for the voting opportunity.

Appointment of election officials

41   (1) For the purposes of conducting an election, the local government must appoint a chief election officer and a deputy chief election officer.

(2) The chief election officer must appoint election officials required for the administration and conduct of the election.

(3) Without limiting the generality of subsection (2), the chief election officer must appoint the following:

(a) presiding election officials for election proceedings where the chief election officer is not acting as presiding election official;

(b) election officials to act as alternate presiding election officials for election proceedings;

(c) election officials required to assist the presiding election official at election proceedings.

(4) The chief election officer may delegate the authority under subsection (3) (c) to the presiding election official for the election proceedings.

(5) The chief election officer may appoint peace officers as election officials to assist presiding election officials in fulfilling their duty to maintain peace and order at the election proceedings for which they are responsible.

(6) If an election official is absent or unable to act, a person appointed as deputy chief election officer or appointed under this section as alternate for the official must perform the duties and has the powers of the official.

(7) A candidate, candidate representative or financial agent may not be appointed as an election official.

(8) Before assuming duties, an election official must make a solemn declaration that the person

(a) will faithfully and impartially exercise the powers and perform the duties of the position to which the election official is appointed,

(b) has not received and will not accept any inducement to exercise the powers or perform the duties of the position otherwise than impartially and in accordance with this Act or to otherwise subvert the election,

(c) will preserve the secrecy of the ballot in accordance with section 113, and

(d) is not and will not become a candidate, candidate representative or financial agent while holding the position of an election official.

Chief election officer duties and powers

42   (1) In addition to all other duties established by this Part and the Local Elections Campaign Financing Act, the chief election officer must do the following:

(a) ensure that a sufficient number of ballots are prepared for an election by voting;

(b) ensure that each voting place is supplied with sufficient numbers of ballots, ballot boxes and voting books and has an area that may be used as a voting compartment;

(c) take all reasonable precautions to ensure that a person does not vote more than once in an election;

(d) do all other things necessary for the conduct of an election in accordance with this Part, the Local Elections Campaign Financing Act and any bylaws and regulations under this Part or that Act.

(2) In addition to all other powers given by this Part, the chief election officer may do one or more of the following:

(a) exercise any power conferred on a presiding election official in relation to the election proceedings for which the presiding election official is responsible;

(b) as an exception to the restrictions on where an elector may vote when municipal voting divisions are established, authorize an election official to vote at the voting place at which the official is working;

(c) take solemn declarations where these are required under this Part or the Local Elections Campaign Financing Act;

(d) delegate to other election officials the chief election officer's duties and powers under this Part or the Local Elections Campaign Financing Act, subject to any restrictions or conditions specified by the chief election officer;

(e) apply to the minister for an order under section 155 [ministerial orders in special circumstances] of this Act or section 99 [ministerial orders in special circumstances] of the Local Elections Campaign Financing Act.

Presiding election official duties and powers

43   (1) In addition to other responsibilities established by this Part, a presiding election official for election proceedings must

(a) ensure, so far as possible, that this Part and regulations and bylaws under it are being complied with, and

(b) take all reasonable precautions to keep the ballots and ballot boxes secure from persons not entitled to have access to them.

(2) In addition to other powers conferred by this Part, a presiding election official may

(a) take solemn declarations required by this Part in relation to the election proceedings for which the presiding election official is responsible, and

(b) if section 153 (4) (c) or (d) is being contravened, enter on the property where the materials that are the subject of the contravention are located and remove or cover them or otherwise obscure them from view, or authorize another person to do so.

Public notices

44   (1) If this Part requires notice to be given in accordance with this section, the notice must be given by publication in a newspaper, and for these purposes section 6.4 [how notices must be published in a newspaper] applies.

(2) Notices to which this section applies may be combined as long as the requirements of all applicable sections are met.

Solemn declarations

45   (1) If this Part requires a solemn declaration to be made, the declaration must be

(a) made on oath or by solemn affirmation,

(b) made before a commissioner for taking affidavits for British Columbia or a person authorized by this Part to take the oath or solemn affirmation, and

(c) signed by the person making the oath or solemn affirmation and by the person before whom it is made.

(2) If a regulation under section 156 applies, the declaration must be made in a form prescribed by the regulation.

Keeping order at election proceedings

46   (1) A presiding election official must maintain peace and order so far as reasonably possible at the election proceedings for which the presiding election official is responsible.

(2) For the purposes of this section, the presiding election official may do one or more of the following:

(a) restrict or regulate the number of persons admitted at any time to the place where the proceedings are being conducted;

(b) order a person to leave the place where the proceedings are being conducted and the immediate vicinity of that place, if the circumstances referred to in subsection (3) (a) to (d) occur;

(c) order the removal of a person ordered to leave if that person does not comply;

(d) require the assistance of peace officers or of persons present at the place where the proceedings are being conducted.

(3) The presiding election official may require a person to provide identification and the person must comply with that requirement if, in the opinion of the presiding election official, that person

(a) is present at a place when not permitted to be present under this Act,

(b) is disturbing the peace and order of the proceedings,

(c) is interfering with the conduct of the proceedings, or

(d) is contravening any provision of this Part or of a regulation or bylaw under this Part.

(4) A person ordered to leave under subsection (2) (b) must leave the place and the immediate vicinity of the place at which the election proceedings are being conducted and must not return while these election proceedings are being conducted unless permitted to do so by the presiding election official.

(5) The authority under subsection (2) must not be used to prevent an elector otherwise entitled to vote at the place from exercising the right to vote.

Adjournment of election proceedings

47   (1) Election proceedings may be adjourned by the presiding election official in accordance with this section if the presiding election official considers that the health or safety of persons is at risk, or that the integrity of the proceedings is at risk.

(2) Election proceedings may be adjourned

(a) temporarily to another time on the same day or another time on the same day at another place specified by the presiding election official, or

(b) to a day, time and place to be set by the chief election officer.

(3) The presiding election official must notify the chief election officer as soon as possible of any adjournment and must follow any directions the chief election officer considers appropriate in the circumstances.

(4) While proceedings are adjourned, the presiding election official must make all reasonable efforts to ensure that the election materials are secured and that the integrity of the election is not compromised.

(5) The presiding election official must give notice to persons affected by an adjournment as directed by the chief election officer or, in the absence of direction, in any manner the official considers appropriate.

(6) Proceedings that are recommenced after an adjournment must continue for such a period that the total time for the proceedings is the same regardless of the adjournment.

(7) If voting proceedings are adjourned, the counting of the vote must not be started until the close of voting at the adjourned proceedings.

Exceptional assistance in election proceedings

48   (1) The provisions of this section are exceptions for allowing persons to exercise their rights under this Part in circumstances where they would otherwise be unable to do so.

(2) If a person is required by this Part to sign a document and is unable to do so, the presiding election official or an election official authorized by the presiding election official may either sign on behalf of the person or have the person make his or her mark and witness that mark.

(3) If a person is required by this Part to make a solemn declaration or to provide information to an election official and requires the assistance of a translator to do this, the presiding election official must permit another person to act as translator so long as that person first makes a solemn declaration that he or she is able to make the translation and will do so to the best of his or her abilities.

(4) The obligation to provide a translator rests with the person who is required to make the solemn declaration or provide the information and, if that person does not provide a translator, that person must be considered to have refused to make the solemn declaration or provide the information.

Who may vote at an election

49   (1) In order to vote at an election for a municipality or electoral area, a person

(a) must meet the requirements of section 50 (1) (a) to (e) or 51 (1) (a) to (g) at the time of voting,

(b) must not be disqualified by this Act or any other enactment from voting in the election or be otherwise disqualified by law, and

(c) must be registered as an elector of the municipality or electoral area.

(2) The following persons are disqualified from voting at an election:

(a) a person who has not completed the sentence for an indictable offence, unless the person is released on probation or parole and is not in custody;

(b) a person who is involuntarily confined to a psychiatric or other institution as a result of being acquitted of or found not criminally responsible for an offence under the Criminal Code on account of mental disorder;

(c) [Repealed 2014-19-27.]

(d) a person who has contravened section 151 (3) in relation to the election.

(3) For clarification, no corporation is entitled to be registered as an elector or have a representative registered as an elector and no corporation is entitled to vote.

(4) A person must not vote at an election unless entitled to do so.

Resident electors

50   (1) In order to be registered as a resident elector of a municipality or electoral area, a person must meet all the following requirements on the day of registration:

(a) the person must be

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

(ii) if an election is in progress for the municipality or electoral area, an individual who will be 18 years of age or older on general voting day for the election;

(b) the person must be a Canadian citizen;

(c) the person must have been a resident of British Columbia, as determined in accordance with section 52, for at least 6 months immediately before the day of registration;

(d) the person must have been a resident of the municipality or electoral area, as determined in accordance with section 52, for at least 30 days immediately before the day of registration;

(e) the person must not be disqualified under this or any other enactment from voting in an election or be otherwise disqualified by law.

(2) If the boundaries of a municipality or electoral area are extended or a new municipality is incorporated, a person is deemed to have satisfied the requirement of subsection (1) (d) if, for at least 30 days before the person applies for registration as an elector, the person has been a resident, as determined in accordance with section 52, of the area that is included in the municipality or electoral area or becomes the new municipality.

Non-resident property electors

51   (1) In order to be registered as a non-resident property elector of a municipality or electoral area, a person must meet all the following requirements on the day of registration:

(a) the person must not be entitled to register as a resident elector of the municipality or electoral area;

(b) the person must be

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

(ii) if an election is in progress for the municipality or electoral area, an individual who will be 18 years of age or older on general voting day for the election;

(c) the person must be a Canadian citizen;

(d) the person must have been a resident of British Columbia, as determined in accordance with section 52, for at least 6 months immediately before the day of registration;

(e) the person must have been a registered owner of real property in the municipality or electoral area for at least 30 days immediately before the day of registration;

(f) the only persons who are registered owners of the real property, either as joint tenants or tenants in common, are individuals who are not holding the property in trust for a corporation or another trust;

(g) the person must not be disqualified under this Act or any other enactment from voting in an election or be otherwise disqualified by law.

(2) A person may only register as a non-resident property elector in relation to one parcel of real property in a municipality or electoral area.

(3) If the boundaries of a municipality or electoral area are extended or if a new municipality is incorporated, a person is deemed to have satisfied the requirement of subsection (1) (e) if, for at least 30 days before the person applies for registration as a non-resident property elector, the person has been a registered owner of property within the area that is included in the municipality or electoral area or becomes the new municipality.

(4) For the purposes of this section, the registered owner of real property means whichever of the following is applicable:

(a) the owner of a registered estate in fee simple of the property, unless another person holds an interest in the property referred to in paragraphs (b) to (d);

(b) the holder of the last registered agreement for sale, unless another person holds an interest in the property referred to in paragraph (c) or (d);

(c) the tenant for life under a registered life interest in the property, unless another person holds an interest in the property referred to in paragraph (d);

(d) the holder of a registered lease of the property for a term of at least 99 years.

(5) If there is more than one individual who is the registered owner of real property, either as joint tenants or tenants in common, only one of those individuals may register as a non-resident property elector under this section in relation to the real property.

(6) If the land title registration of the real property in relation to which a person is registering under this section indicates that there is more than one individual who is the registered owner of the real property, the person registering must do so with the written consent of the number of those individuals who, together with the person registering, are a majority of those individuals.

(7) A registered owner who has consented to the registration of another registered owner of the property may withdraw the consent by delivering a written withdrawal to the municipality or regional district.

(8) Once a withdrawal of consent has been delivered in accordance with subsection (7), the person registered as the non-resident property elector in relation to the property ceases to be entitled to be registered and vote as such if the number of individuals referred to in subsection (6) falls below a majority of the registered owners, with this effective

(a) for the next election, in the case of a withdrawal delivered at least 52 days before general voting day for the election, and

(b) following the next election, in the case of a withdrawal delivered less than 52 days before general voting day for the election.

Rules for determining residence

52   (1) The following rules apply to determine the area in which a person is a resident:

(a) a person is a resident of the area where the person lives and to which, whenever absent, the person intends to return;

(b) a person may be the resident of only one area at a time for the purposes of this Part;

(c) a person does not change the area in which the person is a resident until the person has a new area in which the person is a resident;

(d) a person does not cease being a resident of an area by leaving the area for temporary purposes only.

(2) As an exception to subsection (1), if a person establishes for the purposes of attending an educational institution a new area in which the person is a resident that is away from the usual area in which the person is a resident, the person may choose for the purposes of this Part either the usual area or the new area as the area in which the person is a resident.

When a person may register as an elector

53   (1) A person may register as an elector

(a) at the time of voting in accordance with section 57 or 57.1, or

(b) by advance registration in accordance with section 56, if this is available.

(2) If a bylaw under section 59 [automatic registration by inclusion on Provincial list of voters] is in effect for a municipality or electoral area, a person entitled to register as a resident elector of the municipality or electoral area may effectively register as such by registering as a voter under the Election Act in sufficient time to have the person's name appear on the Provincial list of voters that becomes, under the bylaw, the register of resident electors for the municipality or electoral area.

Voting day registration only

54   A local government may, by bylaw, limit registration of electors to registration at the time of voting.

Application for registration

55   (1) An application for registration as an elector must include the following information:

(a) in the case of registration as a resident elector,

(i) the full name of the applicant,

(ii) the residential address of the applicant, and the mailing address if this is different, and

(iii) either the birth date or the last 6 digits of the social insurance number of the applicant;

(b) in the case of registration as a non-resident property elector,

(i) the full name of the applicant,

(ii) the address or legal description of the real property in relation to which the person is registering and the mailing address of the applicant, and

(iii) either the birth date or the last 6 digits of the social insurance number of the applicant;

(c) a declaration that the applicant meets the requirements of section 49 (1) (a) and (b) to be registered as an elector;

(d) any other information required by regulation under section 156 to be included.

(2) An application must

(a) be signed by the applicant and by a witness to the signature of the applicant, and

(b) include the residential address of the witness, if this is not a person authorized by the chief election officer or by the designated local government officer.

(3) For the purpose of subsection (1), an address of an applicant that indicates the area in which the applicant is resident within the meaning of section 52 is sufficient if, in the opinion of the person authorized to receive the application, it indicates the location for the purpose of determining whether the applicant is resident in the municipality or electoral area.

(4) In the case of an application for registration as a non-resident property elector, the application must be accompanied by

(a) proof satisfactory to the person receiving the application that the applicant is entitled to register in relation to the real property referred to in subsection (1) (b), and

(b) if applicable, the written consent from the other registered owners of the real property required by section 51 (6).

How to register in advance

56   (1) If advance registration is available for a municipality or electoral area except during the closed period under subsection (4), a person may register as an elector by delivering an application and accompanying documents in accordance with section 55

(a) at the local government offices during its regular office hours,

(b) at a special registration opportunity under subsection (6), or

(c) at other times and places authorized by the designated local government officer.

(2) If a bylaw under section 54 does not apply, advance registration must be available in accordance with this section.

(3) If advance registration is required, it must be available to both resident electors and non-resident property electors unless deemed registration of resident electors under section 59 is in effect.

(4) Advance registration closes 53 days before general voting day and does not reopen until the Monday after the close of general voting, subject to any extension of this closed period in relation to an election under section 142.

(5) At least 6 but not more than 30 days before the start of the closed period under subsection (4), the designated local government officer must give public notice of the close of advance registration in accordance with section 44.

(6) For the purpose of encouraging persons to register as electors,

(a) a local government may direct the designated local government officer to arrange an enumeration of the municipality or regional district, and

(b) that officer may arrange other special opportunities for persons to apply to register as electors.

(7) The designated local government officer must ensure that application forms are available from the local government offices during its regular office hours at any time when advance registration as an elector is permitted.

How to register as a resident elector at the time of voting

57   (1) A person may register as a resident elector immediately before voting by

(a) either

(i) delivering an application form in accordance with section 55 [application for registration] to the election official responsible at the place where the person is voting, or

(ii) providing to that official the information required under that section in the manner established by the chief election officer, and

(b) satisfying that official of the applicant's identity and place of residence in accordance with subsection (2).

(2) For the purposes of subsection (1) (b), an individual may either

(a) produce to the election official at least 2 documents that provide evidence 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 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 52 [rules for determining residence].

(3) Documents accepted under subsection (2) must either be documents prescribed as acceptable under section 156 [regulations] or provide evidence satisfactory to the election official respecting the matter.

(4) The election official registering an elector under this section must note on the application the nature of the documents produced for the purposes of subsection (1) (b).

(5) The election official responsible for receiving application forms under subsection (1) is the presiding election official or another election official designated by the presiding election official.

How to register as a non-resident property elector at the time of voting

57.1   (1) A person may register as a non-resident property elector immediately before voting by

(a) either

(i) delivering an application form in accordance with section 55 [application for registration] to the election official responsible at the place where the person is voting, or

(ii) providing to that official the information required under that section in the manner established by the chief election officer,

(b) satisfying that official of the applicant's identity in accordance with subsection (2), and

(c) providing to that official the materials described in section 55 (4).

(2) For the purposes of subsection (1) (b), an individual must produce to the election official at least 2 documents that provide evidence of the applicant's identity, at least one of which must contain the applicant's signature.

(3) Section 57 (3) to (5) applies for the purposes of this section.

Repealed

58   [Repealed 2008-5-3.]

Automatic registration by inclusion on Provincial list of voters

59   (1) Instead of maintaining an ongoing register of resident electors, a local government may, by bylaw, provide that the most current available Provincial list of voters prepared under the Election Act is to be the register of resident electors.

(2) A bylaw under subsection (1) must require that the Provincial list of voters becomes the register of resident electors no later than 52 days before general voting day for any election to which the bylaw applies.

(3) If a bylaw under subsection (1) applies,

(a) any previous register of resident electors of the municipality or electoral area is cancelled, effective at the time the Provincial list of voters becomes the register,

(b) a person who, on the basis of the Provincial list of voters, appears to meet the qualifications to be registered as a resident elector of the municipality or electoral area is deemed to be registered as such an elector, and

(c) the local government may have, but is not required to have, advance registration under section 56 for resident electors.

Effect of registration

60   (1) Unless

(a) a bylaw under section 54 applies, or

(b) all or the applicable part of the register of electors is cancelled,

a person registered as an elector continues to be an elector of the municipality or electoral area as long as the person meets the requirements for registration.

(2) If a bylaw under section 54 applies, registration as an elector is effective only for the elections for which the voting is being conducted at that time.