Whereas under the Local Government Act, municipalities are not required to conduct a by-election if a vacancy occurs after January 1st in a general election year; And whereas under the Local Government Act, regional districts are required to conduct a by-election unless a vacancy occurs after June 1st in a general election year, which is expensive and unnecessary for such a short period of time: Therefore be it resolved that UBCM lobby the provincial government to amend the Local Government Act to enable regional districts to decide whether they wish to conduct a by-election if a vacancy occurs after January 1st in a general election year.
Ministry of Municipal Affairs and Housing Government is interested in supporting local governments seeking to improve efficiencies in governance while maintaining a fair and democratic framework. The Ministry appreciates the work of the Ad-Hoc Committee in preparing its report and recommendations on Alternate Electoral Area Directors. Currently under the Local Government Act LGA section 54 2, a local government may decide not to hold an election if the vacancy occurs after June 1 in the year of an election. LGA section 54 3 provides that municipalities may determine if they will hold an election if the vacancy occurs after January 1 in the year of election if two additional conditions are met: if the vacancy is for an at large position i.e. not a neighbourhood constituency; and quorum is maintained. Similar to representation within a municipal neighbour constituency which also requires an election until the June 1 deadline in a general local election year, an electoral area director represents a specific sub-area of a larger jurisdiction. The principle expressed in the legislation is that where representation is connected to that smaller, specific area, an election is required as soon as practicable. This prevents the concern of an electoral area not having an elected representative in place for as long as 10 months, if a vacancy occurred in early January in the year of an election. Enabling such a long absence also would seem out of step with one of the Committees other recommendations to require a by-election after 6 months of an electoral area directors absence. Additional analysis will be needed to better understand the desired outcomes of the Committees report, the details and implications of its specific recommendations, and the linkages among them. Governments interest is always in finding the most targeted and effective ways to ensure that local governance is both effective and accountable.