TC - Islands Trust Election Procedures Bylaw No. 124

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ISLANDS TRUST COUNCIL BYLAW NO. 124

THIS BYLAW IS CONSOLIDATED FOR CONVENIENCE ONLY AND IS NOT TO BE CONSTRUED AS A LEGAL DOCUMENT

This copy is consolidated for convenience only and is amended by the following:

Bylaw No. Amendment No. Adoption Date

Bylaw No. 157 Amendment No. 1/2014 June 29, 2014 Bylaw No. 174 Amendment No. 2/2018 April 17, 2018 Bylaw No. 187 Amendment No. 1/2022 July 4, 2022 Bylaw No. 208 Amendment No. 1/2026 June 24, 2026

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ISLANDS TRUST COUNCIL

BYLAW NO. 124

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A Bylaw to provide procedures for the conduct of local government elections and voting.

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WHEREAS under the Local Government Act, the Islands Trust Council may, by bylaw, determine procedures and requirements to be applied for the conduct of local government elections;

AND WHEREAS Islands Trust Council wishes to establish voting procedures and requirements under that authority;

NOW THEREFORE the Islands Trust Council, having jurisdiction in respect of the Trust Area in the Province of British Columbia pursuant to the Islands Trust Act, enacts as follows:

1. CITATION

This Bylaw may be cited for all purposes as the “Islands Trust Election Procedures Bylaw, 2008”.

2. VOTER REGISTRATION

Pursuant to Section 69 of the Local Government Act, registration of electors may be limited to registration at the time of voting in those Regional Districts where no register of electors is maintained, and where registration of electors is limited to the time of voting, such registration is effective only for the election for which the voting i s being conducted at the time of registration.

3. ADDITIONAL GENERAL AND SPECIAL VOTING OPPORTUNITIES

The Chief Election Officer is authorized to establish additional voting opportunities for general voting day under Section 106 of the Local Government Act and special voting opportunities under Section 109 of the Local Government Act, and to designate the voting places and set the voting hours for such voting opportunities.

4. MAIL BALLOT VOTING

1. Pursuant to Section 110(1) of the Local Government Act mail ballot voting is permitted for all local trust areas and elector registration may be done in conjunction with such voting.

2. The chief election officer is authorized to establish time limits in relation to voting by mail ballot.

3. The chief election officer shall keep sufficient records so that challenges of an elector's right to vote may be made in accordance with the intent of section 126 of the Local Government Act.

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5. ADVANCE VOTING OPPORTUNITIES

1. In local trust areas with a population greater than 5000, an advance voting opportunity shall be provided on the 10th and 3rd days before general voting day.

2. In local trust areas with a population of 5000 or less, an advance voting opportunity shall be provided on the 10th day before general voting day.

3. The Chief Election Officer is authorized to establish the voting places for advance voting opportunities.

6. RESOLUTION OF TIE VOTE AFTER JUDICIAL RECOUNT

In the event of a tie vote after a judicial recount, the tie vote will be resolved by conducting a lot in accordance with Section 151 of the Local Government Act.

7. GENERAL LOCAL ELECTION AGREEMENTS

Where there is an agreement in place between the Islands Trust Council and a Regional District under Section 57 of the Local Government Act in respect of any particular election, the agreement shall specify which provisions of the elections bylaw of each party apply to the election, and the election bylaw provisions so specified shall apply to the election.1

LOCALTRUST AREA REGIONAL DISTRICT Denman Comox Valley Hornby Gabriola Nanaimo Galiano Mayne North Pender Capital Salt Spring South Pender Saturna Sunshine Coast Gambier Metro Vancouver Lasqueti qathet Thetis Cowichan Valley

1 This gives maximum flexibility to customize each agreement to the particular circumstances of each Regional District and avoids imposing the obligation of mail ballots on any party.

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8. PUBLIC ACCESS TO NOMINATION DOCUMENTS

1. Pursuant to Section 89 (7) and (8) of the Local Government Act, nomination documents delivered to the Chief Election Officer shall be available for public inspection in the Islands Trust’s Victoria office during regular working hours from the time of delivery until 30 days after the declaration of the election results, shall be placed on the Islands Trust web-site as soon as practical after delivery until at least 30 days after the declaration of election results, and may be made available by other electronic means.

2. Notwithstanding subsection (1) above, the nomination documents available for public inspection on the Islands Trust website shall not include the residential address of the person nominated other than the municipality, electoral area or treaty lands in which the person is resident.”

REPEAL

9. Bylaw No. 78, being “Islands Trust Election Procedures Bylaw, 2000” is repealed.

READ A FIRST TIME THIS 12TH DAY OF JUNE 2008

READ A SECOND TIME THIS 12TH DAY OF JUNE 2008

READ A THIRD TIME THIS 12TH DAY OF JUNE 2008

ADOPTED THIS 27TH DAY OF JUNE 2008

_________________________________ _________________________________ SECRETARY CHAIR