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              This Act is current to June 10, 2020
              See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

              Election Act

              [RSBC 1996] CHAPTER 106

              Contents
              Part 1 — Interpretation and Application
              1Definitions
              2Time
              3Amendments do not apply for 6 months unless notice given
              3.1Act does not inhibit government or members
              Part 2 — Election and Other Officials
              Division 1 — Chief Electoral Officer
              4Appointment of chief electoral officer
              5Impartiality
              6Term of office
              7Remuneration and pension
              8Resignation, removal or suspension
              9Acting chief electoral officer
              10General staff of the chief electoral officer
              11Expenses of administering Act
              12Duties and powers of the chief electoral officer
              13Reports to the Legislative Assembly
              Division 2 — Election Advisory Committee
              14Establishment of Election Advisory Committee
              15Meetings of committee
              16Role of committee
              Division 3 — Election Officials
              17Individuals prohibited from being appointed as election officials
              18District electoral officers
              19Voting officers and other election officials and staff
              20Oath of office
              21Terms of appointment
              Division 4 — Voter Registration Officials
              22District registrars of voters
              23Temporary voter registration officials
              Part 3 — Calling an Election
              24Order for a general election
              25Order for a by-election
              26Election called when writ of election issued
              27General voting day
              28Notice of election
              Part 4 — Voters
              Division 1 — Qualifications
              29Who may vote
              30Individuals disqualified from voting
              Division 2 — Registration
              31Who may register as a voter
              32Rules for determining where an individual is resident
              33When an individual may register
              34Updating registration information
              35Application for registration
              36General registration
              37Closed period for general registration
              38Registration through agencies
              39Special voter registration opportunities
              39.1Registration and updating based on National Register of Electors information
              40Automatic updating using driver's licence information
              41Registration in conjunction with voting if identification documents available
              41.1Registration in conjunction with voting if no identification documents
              41.2Challenge of registration
              42Enumerations
              43Cancellation of enumeration if election called
              44Voter registration officials conducting enumeration
              Division 3 — Lists of Voters
              45Provincial List of Voters to be maintained
              46Updating the Provincial list of voters
              47Preparation of list of voters for use in election
              48Access to list of voters during election
              49Objection to the registration of a voter
              50Resolving objections
              51Lists of voters generally
              51.01Not in force
              Division 4List of Future Voters
              51.02List of future voters
              Part 5 — Candidates
              Division 1 — Nominations
              52Who may be nominated
              53Who may make nominations
              54Nomination documents
              55Nomination deposit
              56Nomination by filing documents with the district electoral officer
              57Standing nominations filed with the chief electoral officer
              58Changes to nomination documents after filing
              59Nomination documents available for public inspection
              59.01Information about nomination contests
              60Endorsement of candidate by registered political party
              61Declaration of candidates and election
              62Notice of election by voting
              Division 2 — Candidates
              63When an individual is a candidate
              64Withdrawal of candidate
              65Death of candidate
              66Challenge of candidate
              67Candidate entitled to leave from employment
              68Delivery of documents to candidates
              Division 3 — Candidate Representatives
              69Appointment of official agent
              70Appointment of scrutineers and other candidate representatives
              71Notice of candidate agents
              72Presence of candidate representatives at election proceedings
              Part 6 — Voting
              Division 1 — Voting Opportunities
              73Voting opportunities
              74Time off from work for voting
              75General voting opportunities for an electoral district
              76Advance voting opportunities for an electoral district
              77Special voting opportunities
              78Alternative absentee voting
              79Notice of voting opportunities
              Division 2 — Arrangements for Voting
              80Voting areas
              81Voting places
              82Voting stations
              83Voting screens
              84Voting books
              85Ballot boxes
              86Ballots
              87Ballot papers, certification envelopes and other materials
              88Assignment of election official responsibilities
              Division 3 — Voting Proceedings
              89Each individual may vote only once in an election
              90Voting to be by secret ballot
              91How to mark a ballot
              92Individuals who must be present at voting proceedings
              93Individuals who may be present at voting proceedings
              94Only one individual at a time may use a voting screen
              95Sealing of ballot boxes
              Division 4 — Voting at a Voting Opportunity
              96General voting
              97Advance voting for an electoral district
              98Voting at a special voting opportunity
              99Absentee voting on general voting day in a different voting area
              100Absentee voting at general voting for a different electoral district
              101Absentee voting at an advance voting opportunity for a different electoral district
              Division 5 — Alternative Absentee Voting
              102Who may vote by alternative absentee voting
              103When an individual may vote by alternative absentee voting
              104Voting at the office of the district electoral officer
              105Obtaining an alternative absentee voting package
              106Voting using an alternative absentee voting package
              107Receipt of alternative absentee voting packages
              108Special provision of alternative absentee voting packages for armed forces and others
              Division 6 — Special Circumstances
              109Individuals needing assistance to mark their ballots
              110Individuals unable to enter a voting place
              111Challenge of a voter
              112If another individual has already voted under a voter's name
              113Replacement of spoiled ballot
              114Time for voting extended
              Part 7 — Counting of the Vote
              Division 1 — Initial Count
              115What is the initial count
              116When the initial count is to take place
              117Where the initial count is to take place
              118Who conducts the initial count
              119Who must and may be present at the initial count
              120Proceedings on the initial count
              121Ballot account for initial count
              122Consideration of ballots
              123Rules for accepting and rejecting ballots
              124Objections to the acceptance of a vote or the rejection of a ballot
              125Preliminary election results
              126Packaging and delivery of election materials to district electoral officer
              Division 2 — Final Count
              127What is the final count
              128When and where the final count is to take place
              129Who conducts the final count
              130Who must and may be present at the final count and preparations
              131Certification envelope preparations for final count
              132Proceedings on final count
              133Ballot account for final count
              134Consideration of certification envelopes
              135Consideration of ballots from certification envelopes
              136Recount by district electoral officer of ballots considered in initial count
              137Declaration of official election results
              138Preparation of election materials for delivery to chief electoral officer
              Division 3 — Judicial Recount
              139Application for judicial recount by Supreme Court
              140Notice of time and place for recount
              141Individuals who may be present at a judicial recount
              142Judicial recount procedure
              143Results of judicial recount
              144Appeal of judicial recount
              145Procedure on appeal of judicial recount
              Division 4 — Final Proceedings
              146Return of the writ of election
              147Report of results of election by chief electoral officer
              148By-election if tie vote
              149Retention of election materials
              Part 8 — Invalid Elections
              150Application to court
              151Power of the court on an application
              152Costs of an application
              153Report to the Legislative Assembly
              Part 9 — Registration of Political Parties and Constituency Associations
              Division 1 — Registration
              154Benefits of registration
              155Registration of a political party
              156Prohibitions regarding political party names and other identifications
              157Registration of a constituency association
              158Processing of applications for registration
              159Changes in registration information
              160Changes in political party name or form of identification
              161Authority of principal officers
              162Registers and other information to be open to the public
              Division 2 — Deregistration and Suspension
              163How an organization may be deregistered
              164Voluntary deregistration
              165Deregistration of constituency association on request of its political party or MLA
              166Automatic deregistration of constituency associations
              167Automatic suspension of constituency associations
              168Automatic deregistration of political party for failure to run candidates
              169Notice of deregistration or suspension
              Division 3 — Effect of Deregistration
              170Financial reports required on deregistration
              171Assets of deregistered organization to be held in trust
              172Disposition of assets of a political party
              173Disposition of assets of a constituency association
              174Reregistration
              Part 10 — Election Financing
              Division 1 — Financial Officers
              175Requirement for financial agent
              176Appointment of financial agent
              177Obligations of financial agent
              178Deputy financial agents
              179Appointment of auditor
              Division 2 — Definition and Valuation of Political Contributions and Expenses
              180Political contributions generally
              181Loans and guarantees
              181.01Debts
              182Political contributions through fundraising functions
              183Election expenses
              184Contestant expenses
              185General valuation rules
              Division 2.1 — Specified Fundraising Functions
              185.01Specified fundraising function in private residence
              185.02Information respecting specified fundraising function
              Division 3 — Making and Accepting Political Contributions
              186Restrictions on making political contributions
              186.01Political contribution limits
              186.02Political contributions not to be included as political contributions subject to limit
              186.03Testamentary instruments
              187Restrictions on accepting political contributions
              188Limits on anonymous contributions
              189Prohibited contributions must be returned
              190Financial agent must record each political contribution
              191Records must be provided to political party
              192Income tax receipts for political contributions
              Division 4 — Incurring Election and Contestant Expenses
              193Restrictions on who may incur election and contestant expenses
              194Restrictions on who may incur expenses equivalent to election expenses
              195Time limit for demanding payment of election expenses
              Division 5 — Election Expenses Limits
              196Election expenses in excess of limits prohibited
              197Repealed
              198Election expenses limit for registered political parties
              199Election expenses limit for candidates
              200Constituency association expenses on behalf of candidate
              201Political party expenses on behalf of candidate
              202New limits if by-election cancelled by general election
              203Expenses not to be included as election expenses subject to limit
              204Limits and adjustment to reflect changes in consumer price index
              205Repealed
              Division 6 — Reporting
              206Reporting of information regarding political contributions
              207Annual financial reports by registered political parties and constituency associations
              207.01Interim financial reports by registered political parties eligible for allowances
              208Personal expenses reports by candidates, leadership contestants and nomination contestants
              209Election financing reports by candidates
              210Election financing reports by registered political parties and constituency associations
              210.01Transfer of candidate's surplus election funds
              211Leadership contestant financing reports
              211.01Nomination contestant financing reports
              211.02Transfer of nomination contestant's surplus funds
              212Supplementary reports
              213General requirements for reports
              214Auditing of reports
              215Repealed
              215.01Publication of reports on internet
              Division 6.1 — Allowance and Reimbursement to Political Parties
              215.02Annual allowance to political party
              215.03Special committee to review annual allowance
              215.04Reimbursement of election expenses
              215.05Use of reimbursement
              Division 7 — Penalties for Failure to Comply
              216Publication of failure to comply
              217Candidate who incurs election expenses over limit
              218Political party that incurs election expenses over limit
              219Court order for relief from election expenses limits
              220Late filing of required reports
              220.01Monetary penalties for making or accepting prohibited loan or guarantee
              220.02Monetary penalties for accepting political contributions from specified fundraising functions in private residences
              220.03Monetary penalties for failure to provide information respecting specified fundraising functions
              220.04Monetary penalties respecting prohibited political contributions
              220.05Monetary penalties for exceeding political contribution limits
              220.06Monetary penalties respecting accepting political contributions
              220.07Monetary penalties respecting anonymous political contributions
              220.08Monetary penalties for failure to return political contributions
              220.081Monetary penalties for failure to file supplementary report
              220.09Court order relief respecting monetary penalties
              220.10Publication of names
              220.11Nomination contestant who fails to file contestant financing report
              221Candidate who fails to file election financing report
              222Leadership contestant who fails to file contestant financing report
              223Deregistration of political party or constituency association for failure to file financial reports
              224Deregistration of political party for failure of candidates to file election financing reports
              225Court order for relief from filing obligations
              226False or misleading reports in relation to candidates and leadership contestants
              227False or misleading reports in relation to political parties and constituency associations
              Part 10.1 — Election Communications
              228Repealed
              228.01Canvassing in housing cooperative, strata and rental properties
              228.1Tenant and strata election advertising
              229Sponsorship of election advertising
              230No indirect sponsorship of election advertising
              231Election advertising must identify sponsor
              231.01Identification of sponsor — activities
              231.02Monetary penalties for failure to identify sponsor
              232Restriction on rates charged for campaign period election advertising
              233Prohibition against certain campaign period election advertising on general voting day
              233.1Prohibition against transmitting new poll results on general voting day
              234Restriction on election campaigning near election offices and voting places
              235Repealed
              Part 11 — Third Party Advertising
              Division 1 — Sponsorship Contributions
              235.01Definition
              235.02Sponsorship contributions
              235.021Loans and guarantees to third party sponsors
              235.03Debts
              235.031Sponsorship contributions through fundraising functions
              235.04Making and using sponsorship contributions
              235.041Contributor confirmation and consent in relation to sponsorship contributions
              235.05Sponsorship contribution limits
              235.051Restrictions on sponsorship contributions
              235.06Limits on anonymous sponsorship contributions
              235.061Prohibited sponsorship contributions must be returned
              235.07Sponsorship contributions over specified amount
              235.071Requirement for sponsorship account
              235.08Subsequent sponsorship account
              Division 2 — Third Party Advertising Limits
              235.081Value of election advertising
              235.1Third party advertising limits
              235.2Penalties for exceeding advertising limit
              235.3Court order for relief from advertising limit
              236-238Repealed
              Division 3 — Registration of Sponsors
              239Third party sponsors must be registered
              240Registration with chief electoral officer
              240.01Register of third party sponsors
              241Obligations of third party sponsor
              242Voluntary deregistration
              243Reregistration
              Division 4 — Reporting by Third Party Sponsors
              243.01Disclosure reporting by third party sponsor
              244Election advertising disclosure reports by third party sponsors
              245Contents of disclosure report
              245.01Requirement for audit
              246Late filing of reports
              247Failure to file reports
              248Court order for relief from filing obligations
              249Obligation to maintain records
              250Information to be open to the public
              250.001Publication of failure to comply
              Division 5 — Monetary Penalties for Third Party Sponsors
              250.01Monetary penalties respecting making and using sponsorship contributions
              250.02Monetary penalties respecting sponsorship contribution limits
              250.03Monetary penalties respecting sponsorship contributions
              250.04Monetary penalties respecting anonymous sponsorship contributions
              250.05Monetary penalties respecting return of sponsorship contributions
              250.06Monetary penalties respecting sponsorship contributions over specific amount
              250.07Monetary penalties for failing to register
              250.08Court order for relief respecting sponsorship contributions
              250.09Publication of names
              Part 12 — Offences
              251Penalties under this Part are in addition to any others
              252Prosecution of offences
              253Prosecution of organizations and their directors and agents
              254Defence of due diligence
              255Vote buying
              256Intimidation
              257Corrupt voting
              258Subversion of election by an official
              259Offences in relation to candidates
              260Offences in relation to ballots and other election materials
              261Offences in relation to voting and counting proceedings
              262Offences in relation to the registration of political parties and constituency associations
              263Offences in relation to election financing
              264Offences in relation to election advertising and other promotion
              265Offences in relation to election and other officials
              266Offences in relation to false or misleading information
              267Offence in relation to use of information
              Part 13 — General
              268Declarations required under this Act
              269Exceptional assistance for signature or translation
              270Public notice requirements
              270.01Publication of adjusted amounts and additional amounts
              271Filing documents with chief electoral officer
              272Adjournment of election proceedings
              273Keeping peace and order at election proceedings
              274Proof that an individual has voted
              275Access to and use of information in records
              276Enforcement of penalties
              276.01Notice to produce information from advertiser
              276.02Order to produce information or records required by chief electoral officer
              276.03Additional powers of chief electoral officer to require information
              277Complaints regarding contraventions of this Act
              278Enforcement of election expenses penalties
              279Enforcement of Act by court injunction
              280Emergencies and other extraordinary circumstances
              281Test of new election procedures in a by-election
              282Plebiscites on matters of public concern
              283Regulations of the chief electoral officer
              Schedule
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