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9 (1) A person must not become or act as a director unless that person is an individual who is qualified to do so.

  • (2) An individual is not qualified to become or to act as a director if that individual is
  • (a) under the age of 18 years,
  • (b) not a Canadian citizen,
  • (c) not a resident of British Columbia,
  • (d) an officer of the Authority, other than the chair or vice chair of the board of directors,
  • (e) an elected official or employee of the government of British Columbia, the government of Canada, a local government, a regional district or an aboriginal organization exercising governmental functions,
  • (f) an officer, director or employee of a stakeholder entity,
  • (g) found by a court, in Canada or elsewhere, to be incapable of managing the individual’s own affairs,
  • (h) an undischarged bankrupt, or
  • (i) convicted inside or outside of British Columbia of an offence in connection with the promotion, formation or management of a corporation or an unincorporated business, or of an offence involving fraud, unless
    • (i) the court orders otherwise,
    • (ii) 5 years have elapsed since the last to occur of
      • (A) the expiration of the period set for suspension of the passing of sentence without a sentence having been passed,
      • (B) the imposition of a fine,
      • (C) the conclusion of the term of any imprisonment, and
      • (D) the conclusion of the term of any probation imposed, or
    • (iii) a pardon was granted or issued, or a record suspension was ordered, under the Criminal Records Act (Canada) and the pardon or record suspension, as the case may be, has not been revoked or ceased to have effect.
  • (3) A director who ceases to be qualified to act as a director must promptly resign.

2004-66-9, effective November 19, 2004 (B.C. Reg. 496/2004); 2007-24-38; 2015-18-326.