Provincial Lawmakers Can't Hold Local Office

Summary#

• This bill would stop people from serving in the B.C. Legislature and a local elected office at the same time.
• If someone holding a local office gets elected as a Member of the Legislative Assembly (MLA), they would be treated as having resigned their local office once the election result is officially finalized.
• Anyone who is already both an MLA and a local office holder when the bill becomes law would be treated as having resigned the local office that day.
• The provincial cabinet could name which local elected offices are covered by this rule through regulations (government rules made after the law passes).

Key points:

• MLAs cannot also hold a local elected office.
• Winning a provincial election triggers automatic resignation from any local elected role when results are finalized.
• Existing dual-office holders would immediately lose the local role when the bill becomes law (Royal Assent).
• Cabinet can add more types of local elected offices to be covered.
• Takes effect as soon as it becomes law (Royal Assent).

What it means for you#

• Voters

  • You may see by-elections in your city, town, or school district if your mayor, councillor, or other local official wins a provincial seat.
  • Your local council or board may have a temporary vacancy until a by-election or appointment fills it (based on current local rules).

• Local governments and school districts

  • You may need to run by-elections on short notice if a sitting member becomes an MLA.
  • Staff time and budgets may be affected by organizing a by-election and onboarding a new member.
  • Work plans could be delayed if a key local official leaves mid-term.

• People thinking of running for office

  • You would need to choose one level of office. If you hold a local office and win a provincial seat, you automatically give up the local role when the provincial results are finalized.
  • If you already serve in both roles when the law takes effect, you would immediately lose the local position.

• MLAs

  • You cannot hold any covered local elected office at the same time as serving in the Legislature.

• Which offices are covered

  • The law defines “local elected office” and lets cabinet add more offices by regulation later.
  • Which specific offices are included in the definition provided to us: No publicly available information.

Expenses#

Estimated impact: would likely increase costs for local governments and school districts due to by-elections; no clear provincial budget impact identified.

• Local by-elections can cost money and staff time. Larger cities tend to face higher costs; small communities usually pay less.
• Costs would vary by community and how many by-elections are triggered.
• No publicly available information on an official fiscal estimate.

Proponents' View#

• Prevents conflicts of interest by stopping people from making decisions at two levels of government at once.
• Ensures MLAs focus on provincial duties full-time, improving accountability to voters.
• Provides a clear, automatic rule so there is no confusion about when a local seat becomes vacant.
• Lets government list covered offices by regulation so the rules stay current as local systems change.

Opponents' View#

• Limits voter choice by stopping communities from electing someone they want to serve in both roles.
• Could force costly and frequent by-elections, especially after provincial elections.
• Sudden resignations may disrupt local projects and reduce continuity in leadership.
• Giving cabinet broad power to add “local elected offices” by regulation may feel too open-ended without more legislative debate.