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ByLaws

ByLaw 1 - Trustee Elections


BYLAW No. 1 Trustee Elections

THIS BYLAW IS TO ESTABLISH VARIOUS PROCEDURES FOR CONDUCTING TRUSTEE ELECTIONS.

In accordance with the School Act, School District No. 64 (Gulf Islands) may, by bylaw, determine various procedures and requirements to be applied in the conduct of trustee elections.

In accordance with the School Act, the Board of Education of School District No. 64 (Gulf Islands) wishes to establish, by bylaw, various procedures and requirements for the conduct of trustee elections.

Accordingly, the Board of Education of School District No. 64 (Gulf Islands), in an open meeting, enacts this Trustee Elections Bylaw No. 1.

1.

Application

1.1.  
This bylaw applies to both general school elections and by-elections, except as otherwise indicated.

2.

Trustee Electoral Areas

In School District No. 64 (Gulf Islands), trustee elections are held in the following trustee electoral areas:
 
Trustee Electoral AreaNumber of Trustees
Area 1 Salt Spring Island3
Area 2 Pender Island 
1
Area 3 Saturna Island 
1
Area 4 Mayne Island 
1
Area 5 Galiano Island 
1

3.

Definitions Within This Bylaw

The terms used in this bylaw shall have the meanings assigned by the School Act, the Local Government Act, and the Local Elections Campaign Financing Act, except as the context indicates otherwise.

3.1 
"Board" means the Board of Education of School District No. 64 (Gulf Islands).
3.2“By-election” means a trustee election to fill a vacancy on the school board in any of the circumstances described in section 36 of the School Act.
3.3“Chief Election Officer” means the person appointed to perform the duties of chief election officer as set out in the School Act, the Local Government Act, and the Local Elections Campaign Financing Act.
3.4"General voting day" means the date on which general voting for a trustee election is to take place, whether part of the general school elections or a by-election.
3.5“Minister” means Minister of Education and Child Care.
3.6“School District” means the School District No. 64 (Gulf Islands).

4.

Voters List

The most current available Provincial list of voters prepared under the Election Act is the register of resident electors, effective 52 days before general voting day for any election to which this bylaw applies.

5.

Application of Local Government Bylaws

In each Electoral area, the election bylaws of the Capital Regional District apply to trustee elections, except for those sections of the bylaws determining the minimum number of nominators, the order of names on the ballot, the resolution of tie votes after judicial recount, requiring a nomination deposit, or any other matter on which the local government bylaws may not by law apply to a trustee election. 

6.

Nomination Deposit

No nomination deposit is required for nomination for the office of school trustee.

7.

Minimum Number of Nominators

The minimum numbers of qualified nominators for a trustee candidate is two.

8.

Order of Names on the Ballot

The order of names of candidates on the ballot will be alphabetically by surname.

9.

Advance Voting Opportunities

9.1 
Unless the Board is exempted from the requirement by Order of the Minister, an advance voting opportunity will be held on the tenth day before general voting day.
9.2Unless the Board is exempted from the requirement for an additional advance voting opportunity by Order of the Minister, an additional advance voting opportunity will be held on the date specified in the bylaws of the Capital Regional District as they may be amended from time to time, and if no date is specified in the bylaws of the Capital Regional District, on the 3rd day before general voting day.

10.


Additional Advance Voting Opportunities

The Chief Election Officer may establish dates for additional advance voting opportunities for each trustee election and may designate the voting places and the voting hours for these voting opportunities.

11.

Resolution of Tie Votes After Judicial Recount

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

12.


Public Access to Election Documents

12.1  
The Board authorizes public access to nomination documents of the trustee candidates:

12.1.1.  
during the regular office hours at the Board’s office from the time the nomination documents are delivered until 30 days after declaration of the election results; and 
12.1.2. 
by internet or other electronic means during the regular office hours at the Board’s head office, except that public access by the means set out in this sub-paragraph may not include the residential address of the person nominated, other than the municipality, electoral area or treaty lands in which the person is resident.
12.2The Board will make available to the public, without charge, during the regular office hours of the Board’s head office, the disclosure statements or supplementary reports required to be made available by the BC chief electoral officer on an Elections BC authorized website, other than
12.2.1.  
a mailing address or residential address of a significant contributor, or 
12.2.2. 
a telephone number, mailing address, or residential address of a candidate.
until 5 years after general voting day for the election to which the trustee’s disclosure statements and supplementary reports relate by providing a copy of that information for inspection.
12.3The Board will, on request, provide a copy or other record of trustee candidates’ disclosure statements and supplementary reports for as long as they are required to be available to the public under sections 12.1 or 12.2 for a fee of an administrative fee of $10.00. 
12.4Before providing the services under sections 12.1 or 12.2 other than to a Board officer or employee acting in the course of their duties, the Board may require the person requesting the service to
12.4.1.  
satisfy to a Board official that any purpose for which personal information is to be used is permitted by the Local Government Act and section 63 of the Local Elections Campaign Financing Act, and
12.4.2. 
provide a signed statement that
i.the individual, and
ii.if applicable, any individual or organization on whose behalf the first individual is accessing, inspecting or obtaining the copy or other record
will not use the information included in the copy or other record except for a purpose permitted under the Local Government Act or the Local Elections Campaign Financing Act.

13.


Public Notice Posting Places

For the purpose of trustee elections conducted by the Board, the following are designated as public notice posting places for the purposes of section 50 of the Local Government Act:

13.1 
the notice board located at the main entrance to the Board’s head office; and
13.2each school main entry way.

14.


Publication by Means Other Than Newspaper

The Board designates the following means of publication of notices required to be published pursuant to section 94.2 of the Community Charter:

14.1 
the School District website at sd64.bc.ca; and
14.2official School District Social Media.

15.


Title

This bylaw may be cited as "School District No. 64 (Gulf Islands) Bylaw No.1, Trustee Elections Bylaw”.

16.

Repeal

School District No. 64 Elections Procedures Bylaw No. 1, dated June 8, 2022, is repealed.



Date of First reading:11th day of February, 2026
Date of Second Reading:8th day of April, 2026
Date of third reading and adoption:8th day of April, 2026


    Chaya Katrensky
Board Chairperson





              Jesse Guy
Secretary Treasurer
Original signed December 4, 1996
Prior Revisions:May 14, 2014, June 13, 2018, June 8, 2022
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