Legislation

Legislation

Notice: Amendments to the Election Act received Royal Assent on November 28, 2019, and included a number of changes to financing rules for political participants and to the administration of voting. For more information on voting modernization, see B.C.’s Next Election.

Our legislation

Elections BC administers the following legislation:

 

Election Act

Local Elections Campaign Financing Act

Recall and Initiative Act

Electoral Reform Referendum 2018 Act

Referendum Act

 

Related legislation

Related legislation that is not administered by Elections BC includes:

 

Legislation Responsible Impact on Elections BC’s work
Canada Elections Act

 

Elections Canada Elections Canada administers federal elections under the Canada Elections Act.
Constitution Act

 

Ministry of Attorney General; Ministry of Finance and Deputy Premier The Constitution Act gives the Lieutenant Governor the authority to dissolve the Legislative Assembly and to call a provincial election. It also states that scheduled  provincial general elections must occur on the third Saturday in October in the fourth calendar year following the General Voting Day for the most recent general election.
Constitutional Amendment Approval Act

 

Ministry of Attorney General The Constitutional Amendment Approval Act states that the government must not introduce a motion to the Legislative Assembly authorizing an amendment to the Constitution of Canada unless a referendum is conducted under the Referendum Act.
Electoral Boundaries Commission Act

 

Ministry of Attorney General The Chief Electoral Officer is appointed to the Electoral Boundaries Commission under the Electoral Boundaries Commission Act. The commission makes proposals to the Legislative Assembly as to the area, boundaries and names of the electoral districts of British Columbia.
Electoral Districts Act

 

Ministry of Attorney General If the Legislative Assembly approves or approves with alterations the proposals of the Electoral Boundaries Commission, the government must introduce a Bill to establish new electoral districts.
Financial Disclosure Act

 

Ministry of Attorney General A Statement of Disclosure form required under the Financial Disclosure Act is filed as part of the nominations package for local and provincial candidates. These forms are retained for public inspection by the disclosure clerk at the appropriate office, not Elections BC.
Freedom of Information and Protection of Privacy Act Office of the Information & Privacy Commissioner for BC Where not otherwise stated in the Election Act, Elections BC collects, stores and uses data collected under the Freedom of Information and Protection of Privacy Act.
Income Tax Act

 

Ministry of Finance and Deputy Premier Elections BC is responsible for registering provincial political participants, which gives them the ability to issue tax receipts for political contributions. Where the Income Tax Act defines eligibility and tax credit amounts, the Political Contributions Regulation defines the details and retention of these receipts.
Lobbyists Transparency Act Office of the Registrar of Lobbyists The Lobbyists Transparency Act requires lobbyists to declare in the Lobbyists Registry if they have made specific contributions under the Election Act or Recall and Initiative Act. Elections BC provides guidance for contributors and is responsible for the receipt and publication of financial disclosure reports containing contribution information.
Local Government Act

Vancouver Charter

Community Charter

 

Ministry of Municipal Affairs and Housing The Ministry of Municipal Affairs and Housing sets the legislative framework for administering voting and counting for local elections under the Local Government Act, the Vancouver Charter and the Community Charter.
Personal Information Protection Act Office of the Information & Privacy Commissioner for BC The Personal Information Protection Act defines the type of personal information that a political party can collect and what it may be used for.
School Act

 

Ministry of Education; Ministry of Municipal Affairs and Housing The School Act states that elections for Board of Education Trustees must be conducted under the Local Government Act or the Vancouver Charter. Elections may be administered by the school district or the municipality depending on the boundaries of the school district. Elections BC works with local administrators to enforce campaign financing, advertising and disclosure rules under the Local Elections Campaign Financing Act.