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Candidate Questions

This page was last reviewed on September 17, 2024.

This page is a summary of questions asked by candidates and potential candidates for the 2022 General Local Election and 2024 By-Election. This page will be updated regularly so please check back.

Candidate Nominations

Q. Can my nominators sign the form before the nomination period?

Yes, nominators may complete the nomination before the nomination period. A nomination must be submitted during the nomination period.

Q. How many nominators do I need?

The Village of Cumberland and School District No 71 both require a minimum of two nominators. The BC Candidates Guide advises that you may have more than two electors nominate you in case there is an issue with the nominator (e.g. not a Canadian citizen). https://www2.gov.bc.ca/assets/gov/british-columbians-our-governments/local-governments/governance-powers/candidates_guide_to_local_elections.pdf

Q. Is it okay for a notary to witness my candidate declaration on the nomination form before the nomination period?

Yes, you may make your declaration before the nomination period before the Chief Election Officer or a Commissioner for Taking Affidavits in BC. If you have any other questions and you cannot find answers, you can refer to Part 3 of the Local Government Act with nominations under section s84 to 91. https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/r15001_03#division_d0e8636

Q. On the Financial disclosure do I have to list every company I have shares of in my investment portfolio, including TFSA, RESP and RRSP?

Here is some details from the Financial Disclosure Act. See also the Financial Disclosure FAQ page.

Other rules about written disclosures

5 (1)If shares of a corporation carrying more than 30% of the votes for the election of directors are held, other than by way of security only,

(a)by a nominee, municipal official, public employee or municipal employee, or by a trustee for him or her, or

(b)jointly by a nominee, municipal official, public employee or municipal employee, or by a trustee for him or her, and one or more of his or her spouse, child, sibling or parent,

the written disclosure must include a statement, in prescribed form, setting out the

(c)name of each of the corporation’s subsidiaries, within the meaning of section 2 (2) of the Business Corporations Act,

(d)type of business ordinarily carried on by the corporation or by the subsidiary,

(e)description and location of land of which the corporation, a trustee for it, or the subsidiary, owns an interest or has an agreement entitling it to acquire an interest,

(f)name of the creditor for each debt of the corporation or subsidiary, except a debt of less than $5 000 payable in full in less than 90 days, and

(g)name of each corporation in which the corporation, a trustee for it, or the subsidiary, holds one or more shares.

(2)For the purposes of sections 3 and 4 and this section, a person is deemed to be a trustee for a nominee, municipal official, public employee or municipal employee if the person

(a)holds a share in a corporation or an interest in land either for the benefit of the nominee, municipal official, public employee or municipal employee, or in circumstances where the nominee, municipal official, public employee or municipal employee is liable to pay, under the Income Tax Act (Canada), income tax on income received by him or her on the share or land interest, or

(b)has entered into an agreement entitling him or her to acquire an interest in land for the benefit of the nominee, municipal official, public employee or municipal employee.

(3)A nominee, municipal official, public employee or municipal employee may make and file a supplementary written disclosure.

Q. Can a candidate nominate another candidate?

Prospective candidates for local office must be nominated by at least two eligible electors from the local government where the person is seeking election. To nominate a candidate for local office, the nominator must:

    • be 18 years of age or older when they register to vote or will be 18 years of age or older on general voting day;
    • be a Canadian citizen;
    • have been a resident of B.C. for at least six months before registering to vote;
    • be a resident in the municipality or electoral area for which the nomination is being made, or in the case of a non-property resident property elector, own real property in the municipality or electoral area, for 30 days immediately before the day of registration; and,
    • not be disqualified under the Local Government Act or any other enactment from voting in an election or be otherwise disqualified by law.

Q. Can a scrutineer attend a shift at the voting place and then return for the count?

Yes.

Q. Can a scrutineer have a cell phone in their possession at the voting place?

A scrutineer may not use a cell phone at the voting place, except after the preliminary election results are declared.

Election Campaigning

Q. Can I put up a campaign tent in a Village park?

A park use permit would be required through an application to Cumberland Recreation.

Q. Can I put up elections signs in Peace Park?

The Streets and Traffic bylaw prohibits campaign signs in or on the boulevard adjacent to Peace Park, Village Park, Village Square and No. 6 Park. Signs are permitted on other public boulevards provided that they do not interfere with traffic sign lines. Signs are not permitted on traffic control devices or utility poles.

Q. What is the procedure if a candidate decides to withdraw their candidacy?

At any time up until 4 p.m. on Friday August 23, 2024, a person who has been nominated may withdraw from being a candidate in the election by delivering a signed withdrawal to the chief election officer, which must be accepted if the chief election officer is satisfied as to its authenticity.
See below for references to the Local Government Act Part 3 Electors and Elections:

Withdrawal, death or incapacity of candidate:
101 (1)At any time up until 4 p.m. on the twenty-ninth day before general voting day, a person who has been nominated may withdraw from being a candidate in the election by delivering a signed withdrawal to the chief election officer, which must be accepted if the chief election officer is satisfied as to its authenticity.
(2)After the time referred to in subsection (1), a candidate may withdraw only by delivering to the chief election officer a signed request to withdraw and receiving the approval of the minister.
(3)For the purposes of subsection (2), the chief election officer must notify the minister of a request to withdraw as soon as practicable after receiving it.
(4)The chief election officer must notify the minister if, between the declaration of an election by voting under section 98 (2) and general voting day for the election,
(a)a candidate dies, or
(b)in the opinion of the chief election officer, a candidate is incapacitated to an extent that will prevent the candidate from holding office.
(5)On approving a withdrawal under subsection (2) or being notified under subsection (4), the minister may order
(a)that the election is to proceed, subject to any conditions specified by the minister, or
(b)that the original election is to be cancelled and that a new election is to be held in accordance with the directions of the minister.

Q. What is the campaign period start and end date in accordance with the Local Elections Campaign Financing Act?

For 2024, the campaign period begins on Saturday August 24 as of 12:01 a.m. until Saturday, September 21, 2024. Source: Local By-elections | Elections BC

Q. Elections BC documentation refers to a ‘Certificate of Candidacy’. Is this something each candidate will receive and if so, when and is it by email, mail or other means?

That is not required for local elections. Candidates should refer to the “Guide to Local Elections Campaign Financing in B.C. for Candidates and their Financial Agents”: https://elections.bc.ca/docs/lecfa/guide-to-local-elections-campaign-financing-in-bc-for-candidates-and-their-financial-agents.pdf

Village Administration and Finance

Q. Where can I find budget information?

The proposed detailed five year financial plan is presented each year in the fall to the community at a Village Hall meeting. The 2023 detailed budget can be found in the agenda package for the 2023 Village Hall Financial Plan open house: https://cumberland.ca/meetings/3-2023-vh/ and the video of the presentation may be found on the Village Youtube channel. https://www.youtube.com/@villageofcumberland7801

Staff presentations made at the meeting may be viewed on the budgets page: https://cumberland.ca/financial-plan/

Q. Can a candidate sit on a advisory committee?

Yes, a candidate can sit on Village advisory committees or commissions before an election. If elected, the person would have to resign from that appointment, and possibly could be appointed by Council as a Council member representative on that Committee.

Q. Budget and costs for Transportation Master Plan, Official Community Plan Review, and Climate Action Plan?

You will find more information on budget earmarked for the different projects in the annual budget packages from the last few years.

20211115-Village Hall – 2022 Budget Package See page 25 in the Transporation Services section budget allocated to the:

Transportation Master Plan: 75k (project was carried forward to 2023 and completed in 2024)

20230206-Village Hall – 2023 Budget Package See page 27 in the Planning and Development section budget allocated to the:

Official Community Plan: 88k (68k in 2023 + 20k in 2024)

Community Climate Action Plan: 40k in 2024*

*An additional 20k has been allocated to have the corporate climate action plan completed in conjunction with the corporate climate action plan for a total of 60k.

Actual amount spent is not available at this time as projects are not completed or just recently completed.

Village Operations and Regulation

Q. Has the Village applied for any BC active transportation funding?

The Village was awarded funding in February 2023: https://cumberland.ca/village-awarded-active-transportation-grant/ The Village has yet not applied for senior government funding for traffic calming initiatives since the completion of the 2024 Transportation Master Plan.

Q. Has the Village applied to the Province to reduce the overall speed limit to 30km/hr?

The Village has not applied to the Province to apply 30 km/hr speed zones throughout the Village. I refer you to the 2024 Transportation Master Plan for information on traffic calming recommendations: https://cumberland.ca/plans/

Q. Is a Village policy enforceable?

Village policies often provide guidance to staff on providing services. The Bylaw Compliance Policy guides staff on providing bylaw compliance services. Bylaws may regulate are may be enforced through different tools.

Q. Is the Village relying on Commissionaires for bylaw enforcement?

Village staff continue to receive Bylaw calls and prioritize them for a response. We are assisted by the Commissionaires who are providing Bylaw Officer services while our Bylaw Officer staff position is vacant and while we are recruiting for a replacement.

Q. Is the Bylaw Officer allowed to get out of his vehicle to speak to residents?

Generally speaking, a Village Bylaw Officer will speak to residents in person, on the phone or by email as necessary for investigations and achieve compliance. Each situation is assessed for safety protocols and there may be situations where a Bylaw Officer will determine the risk is too high to approach someone in person. In that case they will communicate in other ways, or may coordinate with the RCMP to attend with them.

Q. Confirmation that the Good Neighbour Bylaw was switched into Noise Bylaw and now all captured in Nuisance Abatement Bylaw

The proposed “Good Neighbour Bylaw” was never adopted. The “Community Nuisance Abatement Bylaw” was adopted in 2024. It repealed the 2007 “Prevention of Public Nuisances Bylaw”. The 2012 “Noise Control Bylaw” is still active.

Q. Hours of Bylaw Officer

The Village office is open Monday to Friday, 9am to 4pm, except on statutory holidays.

Q. Confirmation that the Nuisance Abatement Bylaw requires more than one person to make a complaint about the same issue?

One of the tools provided by the “Community Nuisance Abatement Bylaw” is to charge fees for excessive nuisance service calls for the worst nuisance properties in the community. Before the Village can charge service fees to the owner of a property for responding to excessive nuisances, the Village or RCMP must respond more than once within a 24 hour period or more than three times within a 12 month period.

For bylaw enforcement in other cases, for example a complaint that sidewalks have not be shoveled by adjacent property owner, Village staff respond under the guidance of the Bylaw Compliance Policy to prioritize responses based on available resources and community priorities. The policy can be found here: https://cumberland.ca/wp-content/uploads/2024/05/9.1-Bylaw-Compliance-Policy-2024.pdf

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