Criminal Record Checks for Local Government Elected Officials

Year
2020
Number
NR5
Sponsor(s)
Maple Ridge

Whereas individuals holding office in a local government are elected into a position of trust and power where they have access to sensitive data and are expected to conduct themselves in an open, transparent and accountable manner according to the Candidates Guide To Local Government Elections in BC; And whereas there is no requirement for elected officials to submit criminal record checks despite being privy to highly sensitive information and allowed to participate in activities that other employers would require criminal record checks for, such as volunteering: Therefore be it resolved that UBCM urge the Province to amend Section 87 of the Local Government Act to include criminal record checks as part of the nomination documents submitted by candidates thereby creating a high standard of transparency that will improve public trust in locally elected officials.

Provincial Response

Ministry of Municipal Affairs Locally elected officials are elected to make decisions that affect the daily lives of citizens, families, and the business community. The local elections process enables residents and property owners to choose those individuals who will make decisions and govern on their behalf. The nomination and subsequent campaign period of a local election provide an opportunity for transparent civic engagement between candidates and electors. A person must meet all eligibility requirements to be qualified to be nominated for, and to be elected to and hold office on a local government. An individual must be a Canadian citizen who is 18 years of age or older on general voting day and a resident of British Columbia for at least six months prior to filing nomination documents. A person must not be disqualified under the Local Government Act or any other enactment from being nominated for, being elected to or holding office, or be otherwise disqualified by law. An individual seeking election to hold office in a local government must be nominated by eligible electors and declared a candidate by the local Chief Election Officer. The information required in nomination documents serves to identify prospective candidates and the office for which they are being nominated. It is an opportunity for candidates to solemnly declare: they are qualified to be nominated for office; the information in their nomination documents is true; their intention to comply with campaign requirements; and their intention to accept office if elected. The requested amendment would involve not just adding a process requirement but actually changing the nature of qualifications for office as such, it would be a substantive policy change requiring much deeper consideration of implications, as well as consultations with all affected. Once elected, officials are required to make an oath or solemn affirmation of office and they are required to conduct themselves ethically while carrying out their responsibilities and to follow the legislated duty to respect confidentiality. If elected officials are found to have contravened certain requirements, they may be disqualified from holding office. The Province encourages transparency and debate throughout the nomination and campaign periods for local elections. Currently, the Province is not considering changes to the required nomination documents.

Convention Decision
Endorsed