Attachment “A” - Election Procedures Bylaw No. 989 (Redlined)

BYLAW NO. 989

Consolidated for Convenience to July 2024 Amendment Bylaws No. 1075 and 1142

A BYLAW TO ESTABLISH PROCEDURES FOR THE CONDUCT OF LOCAL GOVERNMENT ELECTIONS AND OTHER VOTING

The Council of the Town of View Royal, in open meeting assembled, enacts as follows:

1. DEFINITIONS (Amendment Bylaw No. 1142)

1.1 In this Bylaw,

“Council” means the Council of the Town;

“Elector” means a qualified resident elector or non-resident property elector of the Town;

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

“Election Sign” means a sign used to promote the campaign activities or the cause of any individual or organization or to encourage or discourage any person to vote in any manner at a federal, provincial, or local government election or other similar type of voting event;

“General local election” means an election held in 2018 and in every fourth (4th) year after 2018 for the mayor and all councillors of the Town;

“General voting day” means: a) For a general local election, the third (3rd) Saturday of October in the year of the election, b) For other elections, the date set under Sections 54 or 55 of the Local Government Act, and c) For assent voting, the date set under Section 174 of the Local Government Act;

“Large Sign” means an Election Sign or Voting Opportunity Sign with each sign face that does not exceed 1.22 metres by 1.22 metres (four (4) feet by four (4) feet) and having a height that does not exceed 2.45 metres (eight (8) feet) as measured from the grade of the site on which it is placed to the top of the sign or its supporting structure, whichever is greater;

“Nominator” means an elector of the Town;

“Other voting” means voting on a matter referred to in Section 170 of the Local Government Act;

“Public Land” means all Streets, parks, or any other real property owned, held, or vested in the Town;

“Roadway” means the portion of a Street that is constructed, improved, designed, or used for vehicular traffic or cycle traffic or both;

“Street” means every road, lane, bridge, road allowance, right of way open to public use, and includes the Roadway, Shoulder, Boulevard, Ditch and Sidewalk, but does not include a private right of way on private property;

“Town” means the Town of View Royal;

“Voting Opportunity Sign” means a sign used by Elections Canada, Elections BC, School District 61, School District 62, or the Town to inform about their respective voting events.

2. NOMINATION OF CANDIDATES – REQUIRED NUMBER OF QUALIFIED NOMINATORS

2.1 In accordance with Section 86(2) of the Local Government Act, the Council sets the required minimum number of qualified nominators at ten (10).

3. ELECTRONIC ACCESS TO NOMINATOR DOCUMENTS AND DISCLOSURE STATEMENTS

3.1 In accordance with Section 89(8) of the Local Government Act, the Council provides for public access to nomination documents via the Town’s website from the time of filing until thirty (30) days after the declaration of the election results.

3.2 In accordance with Section 59(1) of the Local Elections Campaign Financing Act, the Council provides for public access to the campaign financing disclosure statements, the signed declarations, and the supplementary reports via the Town’s website from the time of filing until five (5) years after general voting day for the election to which they relate.

4. VOTING DAY ONLY REGISTRATION

4.1 For purposes of all elections and other voting under Parts 3 and 4 of the Local Government Act, a person must register as an elector only at the time of voting.

4.2 Registration as an elector under Section 4.1 of this Bylaw is effective only for the voting and other matters on which the opinion of the electors is being sought at the time of voting.

5. ADVANCE VOTING OPPORTUNITIES

5.1 There will be two advance voting opportunities at all elections and other voting, to be held at View Royal Town Hall, 45 View Royal Avenue, Victoria, B.C., or an alternate location designated by the Chief Election Officer, on: a) the tenth day before general voting day and b) the fourth day before general voting day.

6. ADDITIONAL ADVANCE VOTING OPPORTUNITIES

6.1 In accordance with Section 108 of the Local Government Act, the Council authorizes the Chief Election Officer to: (a) establish dates for additional advance voting opportunities for each election or other voting to be held in advance of general voting day; and, if established (b) designate the voting places and set the voting hours for additional advance voting opportunities.

7. MAIL BALLOT VOTING

7.1 In accordance with Section 110 of the Local Government Act, the Council provides for voting by mail ballot and elector registration by mail, in conjunction with mail ballot voting, for those electors who meet the criteria in Section 7.2 of this Bylaw for each election or other voting.

In accordance with Section 110 of the Local Government Act, Council provides for voting by mail ballot and elector registration by mail in conjunction with mail ballot voting for all electors in each election or other voting opportunity.

7.2 The following electors are permitted to register to vote by mail and to vote by mail ballot:

(a) persons who have a physical disability, illness, or injury that affects their ability to vote at another voting opportunity;

(b) persons who expect to be absent from the Town on general voting day and at the times of all advance voting opportunities.

7.2 The following procedures for mail ballot registration and voting must apply: (a) sufficient records will be kept by the Chief Election Officer so that challenges of the elector’s right to vote may be made in accordance with the intent of Section 126 of the Local Government Act; and (b) a person exercising the right to vote by mail ballot may be challenged in accordance with, and on the grounds specified in Section 126 of the Local Government Act until 4:30 p.m. two (2) days before general voting day.

7.3 The Council authorizes the Chief Election Officer to determine and set time limits in relation to voting by mail.

7.4 As provided in Section 110(9) of the Local Government Act, a mail ballot must be received by the Chief Election Officer before the close of voting on general voting day in order to be counted for an election.

7.5 Notwithstanding Section 7.1 of this Bylaw, where a by-election must be held pursuant to Section 54 of the Local Government Act, mail ballot voting may be provided at the discretion of the Chief Election Officer appointed by Council.

8. ORDER OF NAMES ON BALLOT

8.1 The order of names of candidates on a ballot will be determined by lot, in accordance with Section 117 of the Local Government Act.

9. ELECTION SIGNS

9.1 General Regulations (Amendment Bylaw No. 1142)

9.1.1 A person must not place or permit to be placed an Election Sign on Town Public Land or Town-owned equipment, buildings, structures, and appurtenances.

9.1.2 Except in relation to messages placed by Town staff on the Public Safety Building’s electronic reader board, a person must not place or permit to be placed a Voting Opportunity Sign on Town-owned equipment, buildings, structures, and appurtenances.

9.1.3 Election Signs and Voting Opportunity Signs must be removed within forty-eight (48) hours after the last day of voting for which the signs relate.

9.2 Private Property (Amendment Bylaw No. 1142)

9.2.1 A person must not place or permit to be placed an Election Sign on private property: a.) except in relation to a federal, provincial, or local government election or similar type of voting event, including but not limited to by-elections, referenda, plebiscites, and recall or initiative campaigns; b.) any sooner than thirty (30) days before the last voting day; c.) without the consent of the owner or occupant of the property; d.) that is illuminated, animated, rotating, flashing, or has moving lights or other electrical features; e.) that has attachments such as balloons, kites, an electronic message centre or inflatable devices; f.) that obstructs, simulates, or detracts from the visibility of regulatory signs or other traffic control devices; g.) that interferes with traffic sightlines at Street intersections; h.) that interferes with the safety of Roadway users; i.) that overhangs Public Land; j.) with more than two (2) sign faces or sides; k.) within 0.61 metres (two (2) feet) from the Roadway; and l.) within five (5) metres (16.4 feet) of a fire hydrant.

9.3 Town Public Land (Amendment Bylaw No. 1142)

9.3.1 Elections Canada, Elections BC, School District 61, School District 62, and Town Voting Opportunity Signs are permitted at a density of one Large Sign for each of the designated Town Public Land areas as shown in Schedule “A.

9.3.2. A person must not place or permit to be placed a Voting Opportunity Sign on the designated Town Public Land areas: a.) except in relation to a federal, provincial, or local government election or similar type of voting event, including but not limited to by-elections, referenda, plebiscites, and recall or initiative campaigns; b.) any sooner than thirty (30) days before the last voting day; c.) that is illuminated, animated, rotating, flashing, or has moving lights or other electrical features; d.) that has attachments such as balloons, kites, an electronic message centre or inflatable devices; e.) that obstructs, simulates, or detracts from the visibility of regulatory signs or other traffic control devices; f.) that interferes with traffic sightlines at Street intersections; g.) that interferes with the safety of Roadway users; h.) with more than two (2) sign faces or sides; and i.) within 0.61 metres (two (2) feet) from the Roadway.

9.3.3 Voting Opportunity Signs must be placed and removed in a manner so as not to damage Town Public Land or infrastructure.

9.3.4 Elections Canada, Elections BC, School District 61, and School District 62 are responsible for the cost of repair of any damage to Town Public Land or infrastructure that occurs in the course of placing and removing their Voting Opportunity Signs.

9.3.5 Voting Opportunity Signs must be self-supporting.

9.3.6 Any supporting structures used for the placement of Voting Opportunity Signs must be no deeper than 0.3 metres (one (1) foot) below grade.

9.4 Provincial Highway Rights-of Way

9.4.1 This Bylaw does not apply to Provincial highways rights-of-ways. Election Signs located within Provincial highway rights-of-way are governed by the requirements of the Provincial Government Ministry responsible for the administration of the Transportation Act.

9.5 Removal

9.5.1 The Chief Election Officer, or any person acting under the Chief Election Officer’s direction, may remove any election sign that the Chief Election Officer, or any person acting under the Chief Election Officer’s direction, has reasonable grounds to believe is erected, or in place, in contravention of this Bylaw or other enactment.

9.5.2 Election Signs that have been removed in accordance with subsection 9.5.1 will be stored for a period of one week after general voting day and the candidate or their agent may claim the sign(s) during that period, following which the material may be destroyed or otherwise disposed of by the Chief Election Officer or any person acting under the Chief Election Officer’s direction without notice and without compensation to the owner of the sign.

10. USE OF TOWN OF VIEW ROYAL LOGO

Except as authorized in writing by the Town, no person is permitted to display on an Election Sign or other election advertising a logo, trademark, or official mark, in whole or in part, owned or licensed by the Town.

11. GENERAL

11.1 Any enactment referred to herein is a reference to an enactment of British Columbia and regulations thereto, as amended, revised, consolidated or replaced from time to time.

11.2 If any part, Section, sentence, clause, phrase or word of this Bylaw is for any reason held to be invalid by the decision of any court of competent jurisdiction, the invalid portion will be severed and the decision that it is invalid will not affect the validity of the remainder which will continue in full force and effect and be construed as if the Bylaw had been adopted without the invalid portion.

12. CITATION

12.1 This Bylaw may be cited for all purposes as “Election Procedures Bylaw No. 989, 2018.”

READ A FIRST TIME THIS 1st DAY OF MAY, 2018 READ A SECOND TIME THIS 1st DAY OF MAY, 2018 READ A THIRD TIME THIS 1st DAY OF MAY, 2018

ADOPTED BY COUNCIL, SIGNED BY THE MAYOR AND THE CORPORATE OFFICER AND SEALED WITH THE SEAL OF THE TOWN OF VIEW ROYAL THIS 15th DAY OF MAY, 2018.

MAYOR ____________________ CORPORATE OFFICER ____________________