Whereas the provincial government establishes the legislative framework under which all local governments in British Columbia deliver local government and school trustee by-elections; And whereas the provisions in the School Act related to the timelines for setting a general voting day for a by-election differ from those in the Local Government Act, with the latter providing more flexibility; And whereas a certain degree of flexibility is needed in setting a general voting day for a by-election in order to address timing challenges and minimize potential conflicts for candidates and voters, and to address logistical considerations and operational needs: Therefore be it resolved that in order to allow local governments the same flexibility in setting a general voting day for a school trustee by-election as for a local government by-election, that UBCM request that the provincial government revise the wording in Section 363.1 of the School Act to align with the wording in Section 544 of the Local Government Act, to read as follows: 36.3.1 In the case of a trustee election required to be conducted by a municipality, the municipal council must appoint a chief election officer as soon as practicable after being notified under subsection 3b
Ministry of Education and Child Care Thank you for your resolution requesting amendments to the School Act concerning the timelines for school trustee by-elections. As noted in your resolution, the School Act requires that a chief election officer be appointed within 30 days of a trustee vacancy, while the Local Government Act uses a more flexible as soon as practicable standard. The Ministry appreciates that the School Act requirement may pose challenges for municipalities administering school trustee by-elections. While legislative changes are not contemplated at this time, the Ministry will consider this issue for possible future amendments to the School Act.