Whereas there is no provision in BC legislation for disqualification from local government office, or mechanism for recall, in the event that an elected official is convicted of a serious criminal offense: Therefore be it resolved that UBCM lobby the provincial government to implement legislation to require that an elected local government official be disqualified from office upon conviction of a serious criminal offense, not including convictions related to non-violent acts of civil disobedience; And be it further resolved that an elected local government official be required to take a paid leave of absence from office upon Crown approval of charges until the court process is complete.
Ministry of Municipal Affairs and Housing Under current local government legislation, a person is prevented from running for or continuing to hold a local government office if the person has been convicted of and is currently serving a sentence for an indictable offence, unless the person is released on probation or parole and is not in custody. Indictable offences are the most serious offences under the Criminal Code of Canada; lesser offences such as summary conviction offences currently will not cause disqualification. The Ministry of Municipal Affairs and Housing takes these matters very seriously; however, this is a sensitive issue, triggering complex policy, legal, and practical questions. The legislation should balance the principle that it is the electors choice to decide who should best represent their interests in their communities with statutory restrictions to protect communities from candidates who are unsuitable for public office. Ministry staff are currently reviewing potential options to address the issues raised; however, any proposed changes in this area are intricate and must be considered carefully.