BYLAW 3 ‎–‎ ELECTIONS

Published: February 2021

Definition

3-1 In this Bylaw 3, “voting registrant” means a registrant in good standing who is eligible under section 3-4 to vote in a registrant councillor election.

Annual elections

3-2 An election must be held before each year’s annual general meeting, in accordance with section 26 of the Act , for the following registrant councillor positions:

(a) the vice president;
(b) the number of at-large councillors required to fill any current or expected vacancies in the five at-large councillor positions required under section 23(2)(a) of the Act.

Terms of office

3-3 (1) The three-year term of office under section 24(1) of the Act of an at-large councillor elected under section 3-2(b) commences immediately after the annual general meeting of the year in which they are elected and ends immediately after the annual general meeting of the third year after they are elected.
(2) The registrant elected to the position of vice president under section 3-2(a) is elected to a two-year term of office as a registrant councillor, to serve

(a) in the office of vice president for the first year, commencing immediately after the annual general meeting of the year in which they are elected and ending immediately after the annual general meeting of the year after they are elected, and
(b) in the office of president for the second year, commencing immediately after the annual general meeting of the year after they are elected and ending immediately after the annual general meeting of the second year after they are elected. 

Eligibility to vote

3-4 Registrants in good standing in the following categories are eligible to vote in a registrant councillor election under section 26 of the Act:

(a) practising RPF registrants;
(b) practising RFT registrants;
(c) associate registrants; 
(d) retired registrants. 

Eligibility for election

3-5  (1) Subject to subsections (2) to (4), registrants in the following categories are eligible to be elected in a registrant councillor election:

(a) practising RPF registrants;
(b) practising RFT registrants.

(2) A registrant is not eligible to be elected in a registrant councillor election if any of the following apply as of the deadline fixed under section 3-6(3) for receipt of applications to be considered as a nominee:

(a) the registrant is not in good standing;
(b) the registrant is not ordinarily resident in British Columbia;
(c) the registrant is in default of payment of any fine, fee, debt or levy owing to ABCFP under the Act;
(d) the registrant is currently named in a citation, or is the subject, in British Columbia, another province or a foreign jurisdiction, of a pending hearing, or hearing underway, that could result in the registrant’s entitlement to practise a profession in British Columbia, another province or a foreign jurisdiction being cancelled, revoked or suspended for any reason other than late payment or non-payment of fees;
(e) the registrant is found by any court, in Canada or a foreign jurisdiction, to be incapable of managing the registrant’s own affairs;
(f) the registrant is an undischarged bankrupt.

(3) An incumbent registrant councillor is not eligible to be elected to a registrant councillor position with a successive term of office that would result in the registrant exceeding any applicable term limit under section 24 of the Act.
(4) An at-large councillor is not eligible to be elected to the position of vice president with a term of office commencing before the expiry of the term of office for their existing at-large councillor position unless they deliver to the registrar an irrevocable notice of resignation from their existing at-large councillor position that is effective at or before the commencement of the term of office of the vice president position.

Call for nominations

3-6 (1) The registrar must deliver notice of a call for nominations for a registrant councillor election to every voting registrant on or before August 1 of the year preceding the year of the election.
(2) A call for nominations under subsection (1) must contain information about the nomination procedure and the election procedure, including the following:

(a) a description of the merit-based selection principles prescribed under section 5 of the General Regulation;
(b) a description of any additional criteria or preferences for registrant councillors established by the council under section 25(2)(a) of the Act; 
(c) an advertisement of current or expected vacancies on the council containing the information required under section 6(4)(b) and (c) of the General Regulation.

(3) The nomination committee must fix the deadline under section 6(4)(c)(iii) of the General Regulation for receipt of applications to be considered as a nominee 

(a) at least 14 days after the date of delivery of the notice of the call for nominations to voting registrants under subsection (1), and
(b) at least 90 days before the date set for the annual general meeting.

(4) The accidental omission to deliver notice of a call for nominations for a registrant councillor election to, or the non-receipt of such a notice by, any person entitled to receive notice does not invalidate the election, any proceedings in relation thereto, or the results thereof.

Nomination procedure

3-7 (1) The nomination committee must supervise and administer the nomination process for the election of registrant councillors in accordance with the General Regulation and the bylaws, and may establish additional nomination procedures for that purpose, consistent with the Act, the General Regulation and the bylaws.
(2) The nomination committee 

(a) must review and consider all valid applications to be considered as a nominee that are delivered to the registrar by the deadline fixed by the nomination committee under section 3-6(3), and
(b) may review and consider any otherwise valid applications to be considered as a nominee that were delivered to the registrar after the deadline fixed by the nomination committee under section 3-6(3) for the previous year’s election, and that were not previously considered by the committee.

(3) An application to be considered as a nominee is not valid if 

(a) the applicant is not eligible for election to the applicable registrant councillor position under section 3-5, or
(b) the application does not include the information required under section 6(4)(c)(i) and (ii) of the General Regulation.

(4) The nomination committee may solicit additional applications to be considered as a nominee before or after the deadline fixed under section 3-6(3) if it appears it may be reasonably necessary to do so to identify at least one more qualified nominee than the number required to fill the registrant councillor positions to be elected under section 3-2, in accordance with section 6(2)(b) of the General Regulation.
(5) The nomination committee must prepare a list of qualified nominees selected by the committee to stand for election under section 6(2)(a) of the General Regulation and deliver the list to the registrar at least 65 days before the date set for the annual general meeting.
(6) The registrar must publish on ABCFP’s website, at least 60 days before the date set for the annual general meeting, the names of the nominees selected by the nomination committee to stand for election, together with any additional information directed by the nomination committee under section 6(4)(f) of the General Regulation.

Election procedure

3-8 (1) In this section, “reference date” means the date that is 60 days before the date set for the annual general meeting.
(2) The registrar must supervise and administer all registrant councillor elections, and may establish additional election procedures for that purpose, consistent with the Act, the General Regulation and the bylaws.
(3) The registrar must prepare the necessary ballots for each election, separately listing the nominees selected by the nomination committee to stand as candidates for election

(a) to the position of vice president, and
(b) to a position as an at-large councillor.

(4) Ballots for an election must

(a) be in a form approved by the council,
(b) indicate which candidates are standing for election to which positions,
(c) indicate if any candidates have been acclaimed for any positions, and
(d) indicate the date and time specified by the registrar for the return of ballots under subsection (9).

(5) The registrar must prepare a voters list containing the names of all voting registrants as of the reference date. 
(6) At least 45 days before the date set for the annual general meeting, ‎the registrar must send an election ballot or instructions to access an online election ballot by e-mail to every voting registrant on the voters list, transmitted to the last known e-mail address ABCFP had on record for each voting registrant as of the reference date.
(7) The accidental omission to deliver an election ballot or instructions to, or the non-receipt of an election ballot or instructions by, any voting registrant does not invalidate the election, any proceedings in relation thereto, or the results thereof.
(8) Every voting registrant on the voters list is eligible to cast one election ballot, and may vote for

(a) one candidate for the position of vice president,  and
(b) up to the total number of candidates to be elected for a position as an at-large councillor.

(9) To be counted, validly completed ballots must be received by the date and time specified by the registrar for the return of ballots, which must be at least 30 days after the date the ballots are sent to voting registrants under subsection (6).
(10) Ballots must be counted by 

(a) the registrar, and
(b) a returning officer and one or more scrutineers appointed by the council.

(11) The registrar must implement adequate control and security measures, in accordance with any directions given by the council, to provide reasonable assurance as to the integrity and confidentiality of the voting process, including measures to provide reasonable assurance that

(a) only voting registrants on the voters list may cast a valid election ballot,
(b) the identity of each voter and the contents of their ballot are kept secret,
(c) no ballots are accepted or counted unless received by the date and time specified by the registrar for the return of ballots under subsection (9), and
(d) systems used to tabulate votes cast are accurate.

(12) The candidate for the position of vice president who receives the most votes is elected to that position.
(13) The candidate or candidates for a position as an at-large councillor who receive the most votes are elected to the at-large councillor position or positions to be elected in the election.
(14) The registrar must break any tie vote by random draw.
(15) The registrar must resolve any dispute or irregularity with respect to any ballot or election, and any ruling made by the registrar to resolve the dispute or irregularity is final and binding.
(16) The registrar may adopt or establish additional procedures, consistent with the Act, the General Regulation and the bylaws, for resolving a dispute or irregularity with respect to a ballot or election. 

Election results

3-9  As soon as practicable after the results of an election are determined, the registrar must communicate the election results

(a) to the council and all candidates, and
(b) after the election results are communicated to the council and all candidates, to all voting registrants.

Removal of registrant councillor

3-10  A registrant councillor ceases to hold office before the expiry of their term of office if they

(a) are removed from office under section 30 of the Act,
(b) cease to meet the eligibility requirements for election as a registrant councillor under section 3-5(2)
(c) are determined by resolution passed by a vote of at least 2/3 of the other councillors to have become incapable of performing their duties as a registrant councillor under the Act,
(d) resign from office as a registrant councillor, or
(e) die.

Vacancies

3-11  (1) The council may direct the nomination committee to issue a call for applications for appointment to fill a vacancy in a registrant councillor position  under section 26(4) of the Act for the remainder of the term of office for that position.
(2) If the council directs the nomination committee to issue a call for applications under subsection (1), the registrar must, on the nomination committee’s behalf, deliver notice of the call for applications to every registrant within the time specified by the nomination committee.
(3) A call for applications under subsection (1) must contain information about the appointment procedure, including the following:

(a) a description of the merit-based selection principles prescribed under section 5 of the General Regulation;
(b) a description of any additional criteria or preferences for registrant councillors established by the council under section 25(2)(a) of the Act; 
(c) an advertisement of the vacancy to be filled by appointment containing the information required under section 6(4)(b) and (c) of the General Regulation.

(4) The nomination committee must fix the deadline under section 6(4)(c)(iii) of the‎ General Regulation for receipt of applications for appointment to fill the applicable vacancy in a registrant councillor position.‎
(5) ‎The accidental omission to deliver notice of a call for applications to, or ‎the non-receipt of such notice by, any person entitled to receive notice does not ‎invalidate the appointment process.‎
(6) The nomination committee must review all valid applications for appointment that are delivered to the registrar by the deadline fixed by the nomination ‎committee under subsection (4).‎
(7) An application for appointment is not valid if ‎

(a) the applicant would not be eligible for election to the applicable registrant councillor ‎position under section 3-5, or‎
(b) the application does not include the information required under section 6(4)(c)(i) and (ii) of the ‎General Regulation.

(8) The nomination committee may recommend one or more qualified applicants for the council to consider for appointment to fill the applicable vacancy under section 26(4) of the Act.
(9) The council may appoint an applicant recommended by the nomination committee under subsection (8) to fill the applicable vacancy under section 26(4) of the Act for the remainder of the term of office for that position.‎
(10) An applicant who is appointed under subsection (9) to fill a vacancy in the position of vice president will continue to serve in the office of president for the second year of the term of office of the corresponding registrant councillor position in accordance with section 3-3(2).

Transitional council

3-12 (1) For the purpose of sections 84(5)(b) and (6) of the Act, the terms of office of councillors who were elected under the former Act and hold office immediately before the transition date are continued as set out in this section.
(2) The RPF councillors and RFT councillors elected under section 7(d) of the former Act are continued as at-large councillors under the Act for the remainder of the terms of office to which they were elected under the former Act, in accordance with section 84(6)(a) of the Act.
(3) The president under section 7(a) of the former Act is continued as a registrant ‎councillor and president under the Act, with a term of office for those positions expiring immediately ‎after the 2022 annual general meeting.
(4) The vice president under section 7(b) of the former Act is continued as a registrant councillor under the Act, with a term of office expiring immediately after the 2023 annual general meeting, to serve

(a) as vice president under the Act until immediately after the 2022 annual general meeting, and
(b) as president under the Act for a term of office commencing immediately after the 2022 annual general meeting and ending immediately after the 2023 annual general meeting.

(5) The immediate past president under section 7(c) of the former Act ceases to hold office as a registrant councillor on the transition date, but continues to serve as a non-voting registrant councillor under section 23(2)(c) of the Act in their capacity as immediate past president.
(6) This section is repealed on April 1, 2024.

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