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Alternate Approval Process |
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Approval of the Electors
Voting Opportunity or Alternate Approval Process
The choice of approval of the electors, under section 84 of the Local Government Act permits a council the choice of proceeding by a voting opportunity (referendum) or by alternate approval process. A voting opportunity is self-explanatory and follows Part 4 of the Local Government Act as it relates to Other Voting. An alternate approval process allows the Council to proceed with an action unless at least 10% of the electors state their opposition within a prescribed period (if at least 10% of the electors state their opposition to the proposed action, the matter requires the assent of the electors if the Council still wishes to proceed).
Alternate Approval Process
If the alternate approval process is selected, approval of the electors is obtained if:
• the notice requirements have been met;
• electors are provided with an opportunity via elector response forms to indicate that council may not proceed; and,
• after the deadline for receiving elector responses, the number of responses received is less that 10% of the number of electors.
Notice must be posted in the Town Hall at the public notice posting place and published in two consecutive editions of the local newspaper. This notice must include the following:
• a general description of the matter to which the alternate approval process relates;
• a description of the area to which the alternate approval process relates;
• the deadline for elector responses;
• a statement that the Council may proceed with the matter unless at least 10% of the electors of the area indicate by the deadline that the Council must obtain the assent of the electors before proceeding;
• a statement that elector responses must be in the form established by the Council, that these forms are available at the Town Hall, and that only electors within the affected area are entitled to sign the form; and,
• the number of electors required to prevent the council from proceeding without the assent of the electors.
Elector response is facilitated by the Council establishing an elector response form. This form may be designed to allow for only a single elector response on each form or for multiple elector responses. The forms must be available at the Town Hall from the date of the first notice being published. A deadline for receiving elector responses must be established which must be at least 30 days after the second publication of the notice.
The total number of electors in the subject area must be determined and the 10% threshold identified. A report outlining how these numbers are arrived at must be made available to the public upon request. As it is the Council that is responsible for setting these numbers, it should concur with the rationale used in their determination.
For the Council’s information, a valid elector response must be signed by the elector, have the person’s full name and residential address and be submitted to the Corporate Officer before the deadline. Non-resident property electors are also eligible.
Immediately after the deadline, the Corporate Officer must determine and certify whether elector approval has been obtained. This determination is final and conclusive.
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