Campaign Organizer Information Package 2008 General Local Election November 15, 2008 Election Office 450 West Broadway Vancouver, BC V5Y 1R3 604.873.7681
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2008 ELECTION CALENDAR!",+ # $%# &'!!(!#! )*# # $%# &'!!(!#!-!!*!**!-* +".+ */!# 0-0!# 1.!*2 # $3%!(!#!!!*4 )*! /,5,6 # 0!.+!-!*!-!.2576 # 0!+3 ;! 0!,3 8#!0*2933:# : 8!*!!-0! 0 8#!7933 :# : 8!! 8!!0<!*!!7 :# : 7,5,6+/5+6 7,5,67$5,6+$5.6 0!,7!&*# 7 :# : 715.6 ;! 0!,1 ;! 0!,1 7 :# :!9 8&*# 8=&!> 8=&!>!# 0!!*4!!!-*!*?# # / :# : 715"6/.5,6/,5$6 7/5/6 0!.3 &!! 7" -# 0!+ 0-!5! 6 1. =-# 0!/!-# 0!" -# 0!,3@ =-# 0!,. B C',/ --*"933:# :"933 :# :9 8=# #! 8!)# #! 8# #! 80!# #! 8A 8D C D "::":: 8!! # 0"933 :# : $25.613 25.6 =-# 0!,2!!!7 :# :,3"5,6 -# 0!.7!!<!,,35+6 # 0!"!#!!!!)# #! &!0*,+2!&,$.332 # **!# $.5,6 Tab 1-3
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CAMPAIGN ORGANIZER PLEASE PRINT INSTRUCTIONS: A campaign organizer must deliver the following information to the Chief Election Officer as soon as reasonably possible after incurring election expenses, or receiving campaign contributions, in excess of $500. I, SURNAME GIVEN NAME OTHER NAMES / INITIALS of, CONTACT ADDRESS CITY POSTAL CODE being: an individual who is a campaign organizer, OR an authorized director or other official of the following organization that is a campaign organizer: LEGAL NAME OF CAMPAIGN ORGANIZER (IF ANY) USUAL NAME AND ABBREVIATIONS/ ACRONYMS/ OTHER NAMES OF CAMPAIGN ORGANIZER declare that: 1. The financial agent* of the campaign organizer is: NAME OF OFFICIAL POSITION CONTACT ADDRESS PHONE NO. 2. The president, chair or other chief official of the campaign organizer is: NAME OF OFFICIAL POSITION CONTACT ADDRESS PHONE NO. 3. The director or other official responsible for the financial affairs of the campaign organizer is: NAME OF OFFICIAL POSITION SIGNATURE OF CAMPAIGN ORGANIZER OR AUTHORIZED OFFICIAL (AS APPLICABLE) DATE * A campaign organizer that is an organization must appoint a financial agent. A campaign organizer that is an individual may appoint a financial agent (if no financial agent is appointed, the individual is deemed to be his or her own financial agent). VC 57.01 510-09/2008
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(Updated to April 15, 2008) 8. Unauthorized Signs and Signals Prohibited. No person shall place, maintain or display upon or in view of any street any unauthorized sign, signal, marking or device which purports to be, or is in imitation of or resembles any traffic-control signal or traffic sign, or which attempts to direct the movement of traffic or in the parking of vehicles, or which hides from view or interferes with the effectiveness of any authorized trafficcontrol device. 9. Interference with Traffic-Control Devices. No person shall move, remove, deface, damage or alter, nor obstruct the view of, nor otherwise interfere with any authorized traffic-control signal or traffic sign, nor drive, nor walk on or over any newly painted line, the presence of which is indicated on any roadway by red flags, traffic cones, or other suitable warning devices. REGULATING ADVERTISING DEVICES 81. (1) No person shall drive or propel along any street in the City any vehicle bearing or carrying any advertising device of a temporary character unless permission in writing therefor has first been obtained from the Chief Constable of the City. (2) No person shall operate or stand or park on any street any vehicle for the sole or primary purpose of displaying advertising, without first having obtained permission therefor from the Council. (3) No person shall operate, stand or park any vehicle upon any street for the purpose of displaying it for sale. (4) No person shall drive, operate, stand or park a sound truck on any street without first having obtained permission therefor from the Council. 82. Persons Carrying Advertising Devices. No person shall carry any advertising device on or along any street without first having obtained permission therefor in writing from the Chief Constable. 83. (1) Defacing Sidewalk. No person shall mark or imprint or in any other manner whatsoever deface any sidewalk in the City.
(2) No person shall place or allow to remain on any street any advertising device without first having obtained permission from the City Engineer and the City Engineer is hereby authorized to remove any advertising device found on any street in contravention of this section. The owner may recover such advertising device upon payment to the City of all costs incurred in removing the same. Where such advertising device is not claimed within 30 days of its removal, it may be destroyed. 84. Depositing Rubbish or Refuse No person shall deposit upon any street any rubbish, sweepings, paper, handbills, refuse, or other discarded materials or things. 84A. Distributing Handbills, Etc. No person shall distribute advertising matter to persons on any street if it is likely to be thrown or left upon a street. 85. Placing Handbills, Etc. in Vehicle. No person shall place or cause to be placed any handbill, dodger, circular, card or other advertising matter upon or in any vehicle upon a street without permission of the owner or person in charge of such vehicle. 85A. Defacing Poles. No person shall paint, paste, stick or affix or put any sign, bill, notice, substance or thing on any street furniture, light standard, electric light, telephone or other pole located on any street, and no person shall deface or disfigure such street furniture, light standard, electric light, telephone or other pole located on any street, or permit, suffer or allow any person to commit the acts on his or her behalf. This section shall not apply to: (a) (b) (c) (d) (e) a person installing signs authorized by the City Engineer on or over City streets and intended to control traffic or parking, or to provide directions or street identification; a person putting up or installing street decorations authorized by the City Engineer; a person affixing or putting up any Public Notice or other temporary sign which is authorized by By-law or by Provincial or Federal legislation; a person installing advertising devices which are integral with public conveniences as covered by special agreements with City of Vancouver (such as bench signs or bus-stop kiosks); a person affixing a sign or notice to a kiosk provided or authorized by the City Engineer specifically to be used by the general public for the posting of notices.
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!" #$% & ""$ '( $" )*+,,-"". '/( " )*+,, /$"0 )" $"/%/)!1" )23,%")')24.3,,5(0) ) ") ) & ""$.$ $" /%6 )7,%")!/ 6 )) 0!&$ & ""$ $ % ". $ % $% )/ /$" % $ -"". $ ) - 0 " ) 8 %%" /$"%-""0"6"9)!$"6 ))6"% 0 : $ -". "" " / /$. ) $" "/8 $" ) ). % /$" % -""6 )$ ))$'."+;02(0 )!1" & ""$ % $ "6 //$/" ) ) %0)6"/"%)1"6/".)." ")0 ) $" )!1" & ""$ 6 ))8) )24.3,,50 ) ) & ""$ / )%0.)"") %$ ") ) $" $0)"""/ %6 % ) 1" 6 /" $0<0 ) "$)"%$ ) $.)")6%$% "$)"" %%%%6)#$%0 INSTRUCTIONS FOR COMPLETION OF CAMPAIGN FINANCING DISCLOSURE Tab 5-1
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CAMPAIGN ORGANIZER CAMPAIGN FINANCING DISCLOSURE STATEMENT IN THE 2008 GENERAL LOCAL ELECTION!"#"$ %&!'(%)*+ ',)")",)(,)-./01( $ 2 &!'(%3,)2 &%,),%04566$ ('')"(',)! "## $ 777777777777777777777777777777777777777777777777777777777777777777777777777777777777 %&'%%()*)%(+* 777777777777777777777777777777777777777777777777777777777777777777777777777777777777 '%,(,%-./%,0'**)%(+%(-./(*0%(1 2('22'%%()*)%(+* 3,*4%0'('%%()5 8%,)("(*(&9: SUMMARY OF CAMPAIGN CONTRIBUTIONS,!")&,/) )0(',1: ;666666666666666 - )5(',)&,)2(()&,';066) )1,%,!")&,) ' (%3,)/) )4(',1: ;666666666666666 SUMMARY OF ELECTION EXPENSES,9!/) (',<1: ;666666666666666 SURPLUS FUNDS ))) %3,)/,)!,,')!),1: ;666666666666666 </!)"1) "!" )"=)+!",/) >?(',1: ;666666666666666 CAMPAIGN ACCOUNT INFORMATION!")&, %2 )'!''9! 2 )!') ) )!",!')(!,)!: 77777777777777777777'7777777777777777777777777777777777777777@ ( 7 8& 9 :98
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SCHEDULE A CAMPAIGN CONTRIBUTIONS PART 1 CONTRIBUTIONS Contributions from known sources Total value of contributions of $100 or more from a single source (unless nil, also complete Part 2 of Schedule A): Total value of contributions totalling $99.99 or less from a single source: A $ B $ Contributions from unknown (anonymous) sources Total value of contributions from anonymous sources: $ Less total value of anonymous contributions over $50 remitted to the City of Vancouver (total from Part 3 of Schedule A): - $ Total value of anonymous campaign contributions of $50 or less: = $ C $ Total amount of contributions A + B + C = $
SCHEDULE A CAMPAIGN CONTRIBUTIONS PART 2 CONTRIBUTORS A. Number of contributors who made contributions totalling $99.99 or less: B. List of contributors who made contributions totalling $100 or more: Important! If you are attaching a supplementary list, check this box: FULL NAME 1 ADDRESS (if required) 2 DATE RECEIVED VALUE CLASS 3 TOTAL: 1. If the contribution is a numbered corporation or unincorporated organization, attach full names and addresses of 2 individuals who are directors or, if there are no individual directors, who are principal officers or principal members of the organization. 2. Do not report addresses of individuals. 3. Classes: individual, corporation, unincorporated organization, trade union, non-profit organization, other.
SCHEDULE A CAMPAIGN CONTRIBUTIONS PART 3 ANONYMOUS CONTRIBUTIONS OVER $50 REMITTED TO THE CITY OF VANCOUVER Important! If you are attaching a supplementary list, check this box: DATE RECEIVED VALUE DATE RECEIVED VALUE SUBTOTAL: A SUBTOTAL: B TOTAL (A+B):
SCHEDULE B ELECTION EXPENSE DETAILS A. Election campaign advertising for: (1) radio, television, newspaper, periodical or electronic advertising to the public $ (2) signs, pamphlets, flyers and brochures $ (3) advertising and promotion for the public not included in A (1) or (2) above $ B. Election campaign office expenses for: (1) compensation paid to persons for campaign work, other than for services described in the Campaign Financing provisions of the Vancouver Charter. $ (2) rent, insurance and utilities $ (3) courier services and postage $ (4) furniture and equipment $ (5) office supplies and other office expenses not covered by B (1) to (4) above $ C. Convention and similar meeting expenses $ D. Expenses for campaign-related functions not described in C above $ E. Research and polling expenses $ F. Campaign-related transportation $ G. Other expenses (provide description) $ $ $ $ $ $ Total Amount of Other Expenses: $ TOTAL AMOUNT OF ELECTION EXPENSES $
SCHEDULE C DETAILS OF SURPLUS FUNDS DISBURSEMENT A. Balance remaining in Campaign Organizer s campaign account $ B. Details of the disbursement of remaining surplus funds under A.
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&' ()*)) (Updated to March 31, 2008) Division (17) Election Offences Vote buying 123. (1) In this section "inducement" includes money, gift, valuable consideration, refreshment, entertainment, office, placement, employment and any other benefit of any kind. (2) A person must not pay, give, lend or procure inducement for any of the following purposes: (a) to induce a person to vote or refrain from voting; (b) to induce a person to vote or refrain from voting for or against a particular candidate; (c) to reward a person for having voted or refrained from voting as described in paragraph (a) or (b); (d) to procure or induce a person to attempt to procure the election of a particular candidate, the defeat of a particular candidate or a particular result in an election; (e) to procure or induce a person to attempt to procure the vote of an elector or the failure of an elector to vote. (3) A person must not accept inducement (a) to vote or refrain from voting, (b) to vote or refrain from voting for or against a particular candidate, or (c) as a reward for having voted or refrained from voting as described in paragraph (a) or (b). (4) A person must not advance, pay or otherwise provide inducement, or cause inducement to be provided, knowing or with the intent that it is to be used for any of the acts prohibited by this section. (5) A person must not offer, agree or promise to do anything otherwise prohibited by this section.!" #$%
(6) A person prohibited from doing something by this section must not do the prohibited act directly, indirectly or by another person on behalf of the first person. Intimidation 124. (1) In this section "intimidate" means to do or threaten to do any of the following: (a) use force, violence or restraint against a person; (b) inflict injury, harm, damage or loss on a person or property; (c) otherwise intimidate a person. (2) A person must not intimidate another person for any of the following purposes: (a) to persuade or compel a person to vote or refrain from voting; (b) to persuade or compel a person to vote or refrain from voting for or against a particular candidate; (c) to punish a person for having voted or refrained from voting as described in paragraph (a) or (b). (3) A person must not, by abduction, duress or fraudulent means, do any of the following: (a) impede, prevent or otherwise interfere with a person's right to vote; (b) compel, persuade or otherwise cause a person to vote or refrain from voting; (c) compel, persuade or otherwise cause a person to vote or refrain from voting for a particular candidate. (4) A person prohibited from doing something by this section must not do the prohibited act directly, indirectly or by another person on behalf of the first person. Prohibition against certain election advertising on general voting day 124.1 (1) For the purposes of this section: "election advertising" means advertising used!" #$%
(a) to promote or oppose, directly or indirectly, the election of a candidate, (b) to promote or oppose, directly or indirectly, an elector organization that is endorsing a candidate, or (c) to promote or oppose, directly or indirectly, a campaign organizer;, "sponsor" means (a) a person who is liable to pay for election advertising, or (b) if the services of conducting the election advertising are provided without charge as a campaign contribution within the meaning of Division (8) [Campaign Financing], the candidate, elector organization or campaign organizer to whom the services are provided as a contribution. (2) On general voting day, a person or unincorporated organization must not conduct election advertising by publishing it in a newspaper or magazine or on radio or television. (3) A person or unincorporated organization must not act as sponsor or agree to act as sponsor of election advertising that is or is to be conducted on general voting day by a means referred to in subsection (1), whether the publication is done within British Columbia or outside British Columbia. Other election offences 125. (1) In relation to nominations, a person must not do any of the following: (a) contravene section 44 (3); (b) before or after an election, purport to withdraw a candidate from an election without authority to do so or publish or cause to be published a false statement that a candidate has withdrawn; (c) before or after an election, purport to withdraw the endorsement of a candidate by an elector organization except as provided in section 51 (6) (a) with the authorization of the elector organization. (2) In relation to voting, a person must not do any of the following: (a) vote at an election when not entitled to do so;!" #$%
(b) contravene section 86 (1) regarding voting more than once in an election; (c) obtain a ballot in the name of another person, whether the name is of a living or dead person or of a fictitious person; (d) contravene section 85 (2) regarding the secrecy of the ballot. (3) In relation to ballots and ballot boxes, a person must not do any of the following: (a) without authority supply a ballot to another person; (b) without authority print or reproduce a ballot or a paper that is capable of being used as a ballot; (c) without authority take a ballot out of a place where voting proceedings are being conducted; (d) put in a ballot box, or cause to be put in a ballot box, a paper other than a ballot that the person is authorized to deposit there; (e) interfere with voting under section 74 contrary to the applicable by-law and regulations; (f) without authority destroy, take, open or otherwise interfere with a ballot box or ballots. (4) In relation to voting proceedings, a person must not do any of the following at or within 100 metres of a building, structure or other place where voting proceedings are being conducted at the time: (a) canvass or solicit votes or otherwise attempt to influence how an elector votes; (b) carry, wear or supply a flag, badge or other thing indicating that the person using it is a supporter of a particular candidate, elector organization or campaign organizer; (c) display or distribute a sign, a document or other material regarding a candidate, elector organization or campaign organizer, except as authorized by the chief election officer; (d) display, distribute, post or openly leave a representation of a ballot marked for a particular candidate in an election. (5) In relation to Division (8) of this Part, a person must not contravene any of the following: (a) section 57 [financial agent required]; (b) section 57.1 [campaign accounts];!" #+$%
(c) section 58 [restrictions on accepting contributions and incurring expenses]; (d) section 59 [restrictions on making campaign contributions]; (e) section 61.1 (4) [transfer of candidate's surplus]; (f) section 62 [duty to file disclosure statement]; (g) section 62.1 [duty to file supplementary reports]. (6) In relation to any matter or proceeding to which this Part applies, a person must not do any of the following: (a) provide false or misleading information when required or authorized by or under this Part to provide information; (b) make a false or misleading statement or declaration when required by or under this Part to make a statement or declaration; (c) inspect or access under this Part (i) a list of registered electors, (ii) nomination documents, (iii) disclosure statements or supplementary reports, or (iv) other election materials referred to in section 105, or use the information from any of them, except for purposes authorized under this Act; (d) be present at a place where voting or counting proceedings are being conducted, unless authorized by or under this Part to be present; (e) impede or obstruct an election official or other person in performing duties and powers given to the person by or under this Part. (7) A person who is an election official must not contravene this Part with the intention of affecting the result or validity of an election. Prosecution of organizations and their directors and agents 125.1 (1) An act or thing done or omitted by an officer, director, employee or agent of an organization within the scope of the individual's authority to act on behalf of the organization is deemed to be an act or thing done or omitted by the organization.!" #)$%
(2) If an organization commits an offence under this Part, an officer, director, employee or agent of the organization who authorizes, permits or acquiesces in the offence commits the same offence, whether or not the organization is convicted of the offence. (3) A prosecution for an offence under this Part may be brought against an unincorporated organization in the name of the organization and, for these purposes, an unincorporated organization is deemed to be a person. Penalties 126. (1) A person who contravenes section 123 or 124 is guilty of an offence and is liable to one or more of the following penalties: (a) a fine of not more than $10 000; (b) imprisonment for a term not longer than 2 years; (c) a prohibition for a period of not longer than 6 years from holding an elected local government office; (d) a prohibition for a period of not longer than 6 years from voting in local government elections. (2) A person or unincorporated organization who contravenes section 124.1 or 125 is guilty of an offence and is liable to one or more of the following penalties: (a) a fine of not more than $5 000; (b) imprisonment for a term not longer than one year; (c) a prohibition for a period of not longer than 6 years from holding an elected local government office; (d) a prohibition for a period of not longer than 6 years from voting in local government elections. (3) Any penalty under this Division is in addition to and not in place of any other penalty provided in this Part. (4) A person or unincorporated organization is not guilty of an offence under this Part if the person or organization exercised due diligence to prevent the commission of the offence.!" #%$%
1 In this Act: "business" includes a profession, calling, trade, manufacture, undertaking of any kind and an adventure or concern in the nature of trade, but does not include an office or employment; "debt" does not include (a) a mortgage, lease or agreement for sale on land ordinarily occupied by the debtor for, or as incidental to, residential purposes, (b) current and ordinary household and personal living expenses, and (c) money or other property entrusted to or received by a nominee, municipal official, public employee or municipal employee in trust for another person; "disclosure clerk" means (a) for a written disclosure filed by a nominee, the Clerk of the Legislative Assembly, (b) for a written disclosure filed by a municipal official or municipal employee, (i) in the case of an official or employee in relation to a municipality or regional district, the local government corporate officer, (i.1) in the case of an official or employee in relation to the Islands Trust, the secretary of the Islands Trust appointed under section 17 of the Islands Trust Act, (ii) in the case of an official or employee in relation to the board of a school district, the secretary treasurer of the school district, and (iii) in the case of an official or employee in relation to a francophone education authority, the chief executive officer of the authority, and (c) for a written disclosure filed by a public employee, the Provincial Secretary; "employment" means the position of an individual in the service of some other person; "francophone education authority" has the same meaning as in the School Act;
"interest" means an interest specified, or required to be specified, in a written disclosure regardless of the date when it is required under section 3 to be filed; "land" does not include, except in the definition "debt", land ordinarily occupied by an owner for, or as incidental to, residential purposes; "local trust committee" has the same meaning as in the Islands Trust Act; "municipal employee" means a person who (a) is employed or appointed by the council of a municipality, by the board of a regional district, by the trust council, by a francophone education authority or by the board of a school district, and (b) is designated by the council, board, trust council or francophone education authority, as the case may be, to be a municipal employee; "municipal official" means a person who (a) is a member of the council of a municipality, the board of a regional district or a local trust committee, or (b) is a member of a board of school trustees constituted under the School Act, or is a member of the board of directors of a francophone education authority, and includes, except in sections 2 (1), (3) and (5) and 11, a person for whom nomination papers for election to office as a municipal official have been filed; "nominee" means a person referred to in section 2 (1); "office" means the position of a person, other than a corporation, entitling the person to a fixed or ascertainable stipend or remuneration; "public employee" means a person, other than a municipal employee or a judge, who is designated by the Lieutenant Governor in Council and who is (a) employed by the government, or any of its boards, agencies or commissions, under the Public Service Act or by an order of the Lieutenant Governor in Council, (b) employed by or appointed to a board, agency or commission if the employment or appointment requires an order or approval of the Lieutenant Governor in Council, or
(c) a member of a board, agency or commission established under an Act or by order of the Lieutenant Governor in Council; "trust council" has the same meaning as in the Islands Trust Act; "written disclosure" means a written disclosure required to be made and filed under this Act. 2 (1) A person who accepts a nomination for election to office as a Provincial or municipal official must make a written disclosure and file it with the person's nomination papers. (2) Promptly after receiving a written disclosure under subsection (1), the person receiving it must send it to the appropriate disclosure clerk. (3) A person who is a municipal official, public employee or municipal employee must make and file a written disclosure between January 1 and 15 in each year in which the person is an official or employee. (4) A person who becomes a public employee or a municipal employee must make and file a written disclosure not later than the 15th day of the month following the month in which the person becomes a public employee or a municipal employee. (5) A person who ceases to be a municipal official, public employee or municipal employee, for any reason other than the person's death, must make and file a written disclosure not later than the 15th day of the month following the month in which the person ceases to be an official or employee. (6) A person is not required to file more than one written disclosure during any one month. 3 A written disclosure made by a nominee or public employee must be filed in the prescribed form with the appropriate disclosure clerk and must specify all of the following: (a) the name of each corporation in which the person or a trustee for the person holds one or more shares; (b) the name of each business situated or carrying on business in British Columbia and financially remunerating the nominee or public employee as an owner, part owner, trustee or partner;
(c) the name of each business located or carrying on business in British Columbia and financially remunerating the nominee or public employee for services performed by the person as an employee; (d) the name of each organization located in British Columbia and financially remunerating the nominee or public employee for an office held by the person that is not disclosed under paragraph (b) or (c); (e) the name of the creditor for each debt of the nominee or public employee; (f) a description and location of land located in British Columbia in which the nominee or public employee, or a trustee for that person, owns an interest or has an agreement entitling him or her to acquire an interest. 4 A written disclosure by a municipal official or municipal employee must (a) be filed in the prescribed form with the appropriate disclosure clerk, and (b) specify the matters listed in section 3, limited for section 3 (b), (c), (d) and (f) to the regional district that includes the municipality, local trust area, school district or francophone school district for which the official is elected or nominated, or the employee is employed or appointed. 5 (1) If shares of a corporation carrying more than 30% of the votes for the election of directors are held, other than by way of security only, (a) by a nominee, municipal official, public employee or municipal employee, or by a trustee for him or her, or (b) jointly by a nominee, municipal official, public employee or municipal employee, or by a trustee for him or her, and one or more of his or her spouse, child, brother, sister, mother or father, the written disclosure must include a statement, in prescribed form, setting out the (c) name of each of the corporation's subsidiaries, within the meaning of section 2 (2) of the Business Corporations Act,
(d) type of business ordinarily carried on by the corporation or by the subsidiary, (e) description and location of land of which the corporation, a trustee for it, or the subsidiary, owns an interest or has an agreement entitling it to acquire an interest, (f) name of the creditor for each debt of the corporation or subsidiary, except a debt of less than $5 000 payable in full in less than 90 days, and (g) name of each corporation in which the corporation, a trustee for it, or the subsidiary, holds one or more shares. (2) For the purposes of sections 3 and 4 and this section, a person is deemed to be a trustee for a nominee, municipal official, public employee or municipal employee if the person (a) holds a share in a corporation or an interest in land either for the benefit of the nominee, municipal official, public employee or municipal employee, or in circumstances where the nominee, municipal official, public employee or municipal employee is liable to pay, under the Income Tax Act (Canada), income tax on income received by him or her on the share or land interest, or (b) has entered into an agreement entitling him or her to acquire an interest in land for the benefit of the nominee, municipal official, public employee or municipal employee. (3) A nominee, municipal official, public employee or municipal employee may make and file a supplementary written disclosure. 6 (1) The disclosure clerk with whom a written disclosure is filed under section 3 or 4 must produce for inspection, on request during normal business hours, the written disclosure filed by a nominee or municipal official. (2) Subject to subsections (3) and (4) and sections 9, 10 and 11, a person does not have access to a written disclosure filed by a public employee or municipal employee. (3) On receiving a written disclosure by a public employee, the Provincial Secretary must send a copy of it to the member of the Executive Council who, in the Provincial Secretary's opinion, is responsible to the Executive Council for the administration of the Act for which the public employee is employed or appointed.
(4) On receiving a written disclosure by a municipal employee, the disclosure clerk must send a copy of it to the members of the council, board or trust council responsible for the employment or appointment of the municipal employee. 7 This Act is supplementary to and does not affect a duty or obligation to disclose an interest under any other law. 8 The failure of a municipal official, public employee or municipal employee to comply with this Act does not, of itself, invalidate a matter, proceeding, vote or contract. 9 (1) A person who, as a municipal official, public employee or municipal employee, fails to make or file a written disclosure under this Act, commits an offence. (2) A person who commits an offence under subsection (1) is liable on conviction to a fine of not more than $10 000. 10 (1) It is a defence to a charge under section 9 to show that the municipal official, public employee or municipal employee complied with section 3 or 4 to the best of his or her knowledge or belief. (2) If a public employee or municipal employee is prosecuted under section 9, the Provincial Secretary or appropriate disclosure clerk, at the request of the court, must send to the court the written disclosure of the employee. (3) If, in a prosecution under section 9, it is alleged that a person was a trustee for a municipal official, public employee or municipal employee, the onus is on the municipal official, public employee or municipal employee to show that the person was not a trustee on his or her behalf. (4) If a public employee or municipal employee is prosecuted under section 9, the court may make public all or part of the public employee's or municipal employee's written disclosure.
11 (1) If the Supreme Court, on an application made with the consent of the Attorney General, finds that (a) a municipal official, public employee or municipal employee knowingly and wilfully contravened this Act by not disclosing an interest, and (b) the official or employee made a financial gain resulting from his or her involvement in a matter, proceeding, vote or contract in respect of the interest, the court may order the municipal official, public employee or municipal employee to pay to the employee's employer, or to the local government to which the official is elected, as the case may be, the amount determined by the court to be the amount of the financial gain. (2) If an application under subsection (1) is made in respect of a public employee, the Provincial Secretary, at the request of the court, must send to a court the written disclosure of the public employee involved. (3) If an application under subsection (1) is made in respect of a municipal employee, the disclosure clerk, at the request of the court, must send to the court the written disclosure of the municipal employee. (4) If the proceedings under this section are against a public employee or municipal employee, the court may make public all or part of the employee's written disclosure. 12 The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
$% &&'() (Updated to March 31, 2008) 32 (1) Except as provided in this Division, a person is qualified to be nominated for office and to be elected or appointed to and hold office as a trustee if, at the relevant time, the person meets all the following requirements: (a) the person must be an individual who is, or who will be on general voting day for the election or the effective date of the appointment, as applicable, age 18 or older; (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 42, for at least 6 months immediately before the relevant time; (d) the person must not be disqualified by this Act or any other enactment from voting in an election in British Columbia or from being nominated for, being elected to or holding office as trustee, or be otherwise disqualified by law. (2) A person whose term of office as trustee has expired or is about to expire is eligible for reelection if the person is otherwise qualified to be a trustee. (3) At any one time, a person is not eligible to be nominated for or elected as trustee for more than one trustee electoral area for any one school district. 33 Without limiting section 32 (1) (d), the following persons are disqualified from being nominated for, being elected to or holding office as a trustee: (a) a person who is disqualified under section 34 as an employee of a board, except as authorized under that section;!"#
(b) a person who is disqualified under section 52 of this Act or under section 92 or 92.4 of the Local Government Act or section 64 or 64.3 of the Vancouver Charter, as those sections apply to trustee elections; (c) a person who is prohibited from holding elected office (i) under Division 17 of Part 3 of the Local Government Act as it applies to elections or voting on any other matter under that Act, this Act or any other Act, or (ii) under Division (17) of Part I of the Vancouver Charter as it applies to elections or voting on any other matter under that Act, this Act or any other Act. (d) a person who holds office as a regional trustee of a francophone education authority under Part 8.1. 34 (1) For the purposes of this section, "employee" means (a) an employee or salaried officer of a board, or (b) a person who is within a class of persons deemed by regulation to be employees of a specified board, but does not include a person who is within a class of persons excepted by regulation. (2) Unless the requirements of this section are met, an employee of a board is disqualified from being nominated for, being elected to or holding office as a trustee on the same board. (3) Before being nominated for office as trustee, the employee must give notice in writing to his or her employer of the employee's intention to consent to the nomination. (4) Once notice is given under subsection (3), the employee is entitled to and must take a leave of absence from the employee's position with the employer for a period that, at a minimum, (a) begins on the first day of the nomination period or the date on which the notice is given, whichever is later, and (b) ends, as applicable, (i) if the person is not nominated before the end of the nomination period, on the day after the end of that period,!"#
(ii) if the person withdraws as a candidate in the election, on the day after the withdrawal, (iii) if the person is declared elected, on the day the person resigns in accordance with subsection (7) or on the last day for taking office before the person is disqualified under section 52, (iv) if the person is not declared elected and no application for judicial recount is made, on the last day on which an application for a judicial recount may be made, or (v) if the person is not declared elected and an application for judicial recount is made, on the date when the results of the election are determined by or following the judicial recount. (5) If agreed by the employer, as a matter of employment contract or otherwise, the leave of absence under this section may be for a period longer than the minimum required by subsection (4). (6) Sections 54 and 56 of the Employment Standards Act apply to a leave of absence under this section. (7) Before making the oath of office under section 50, an employee on a leave of absence under this section who has been elected must resign from the person's position with the employer. (8) At the option of the employee, a resignation under subsection (7) may be conditional on the person's election not being declared invalid on an application under section 143 of the Local Government Act or section 115 of the Vancouver Charter, as those sections apply to trustee elections. 35 (1) Elections of all trustees, to be known collectively as a general school election, must be held in 1993 and in every third year after that. (2) General voting day for the general school election must be on the third Saturday of November in the year of the election. 36 (1) Except as permitted under subsection (2), an election must be held to fill a vacancy on a board that occurs in any of the following circumstances:!"#
(a) a person elected or appointed as trustee dies before taking office or a trustee dies while holding office; (b) a trustee resigns under section 51; (c) the office is declared vacant on the final determination of an application under section 143 of the Local Government Act or under section 115 of the Vancouver Charter, as those sections apply to trustee elections, or a candidate affected by an application under one of those sections renounces claim to the office; (c.1) the office becomes vacant under section 92 [failure to file disclosure statement] of the Local Government Act or under section 64 of the Vancouver Charter, as those sections apply to trustee elections; (d) the office becomes vacant under section 52 or 53; (e) the office is declared vacant on the final determination of an application under section 54 (1) or 63 (1). (2) If a vacancy occurs after January 1 in the year of a general school election, the board may hold the vacancy open until the election as long as at least 3 trustees continue to hold office. (3) Within 30 days after a vacancy occurs for which an election is to be held, the board must (a) appoint a chief election officer, in the case of a trustee election required to be conducted by the board, or (b) notify the municipal council, in the case of a trustee election required to be conducted by a municipality, which must appoint a chief election officer within 30 days after being notified. (4) The chief election officer must set a general voting day for the trustee election, which must be on a Saturday no later than 80 days after the date the chief election officer was appointed. (5) If fewer than 3 trustees continue to hold office, the board must hold a trustee election or notify the minister, who must appoint persons as trustees to fill the vacancies. (6) If a trustee election is not held as required under this Act, or if the electors fail to elect the number of trustees that are to be elected, the minister may appoint persons as trustees to fill the vacancies. (7) The term of office of a trustee elected or appointed under this section begins when the person takes office in accordance with section 50 (2) following the election or appointment and ends at the time referred to in section 49 (b).!)"#
!" 37 (1) If a trustee electoral area is all or part of a single municipality, the municipal council must conduct the trustee elections in the trustee electoral area. (2) If a trustee electoral area includes both all or part of a single municipality and all or part of a rural area, the minister, on request of the board for the school district, may order that the municipal council must conduct the trustee elections for the trustee electoral area. (3) Except as provided in subsection (1) or (2), the board must conduct the trustee elections for its school district. (4) Subsection (5) applies to municipalities that, immediately before June 15, 1993, were subject to an order under this Act or a former Act that deemed a rural area or part of a rural area to be within the boundaries of a municipality for the purpose of electing trustees. (5) A rural area or part of a rural area that was deemed by an order referred to in subsection (4) to be within the boundaries of a municipality, together with the municipality, are deemed to be a trustee electoral area to which an order under subsection (2) applies. # $" 45 (1) For a trustee election conducted by a board for a school district other than School District No. 39 (Vancouver), Part 3 of the Local Government Act, as that Part applies to an election of electoral area directors, applies to the trustee election except as provided in this Part. (2) For the purposes of subsection (1), the references in Part 3 of the Local Government Act are to be read in accordance with the following: (a) a reference to a regional district board or local government is to be read as a reference to the board; (b) a reference to a jurisdiction or electoral area is to be read as a reference to a trustee electoral area; (c) a reference to the designated local government officer or to the local government corporate officer is to be read as a reference to the secretary treasurer of the board;!*"#