Alternative Approval Process
*** UPDATE - February 12, 2024 ***
At a special council meeting held on Monday, February 12, City Council made the decision to cancel the current Alternative Approval Process (AAP), abandon the Nanaimo Operations Centre Phase One Borrowing Bylaw 2023 No. 7362, and direct staff to return to Council at a later date with options to fund the project. The decision comes after it was determined that an error had occurred at the start of the current AAP.
In a news release last week, the City indicated an error was identified where response forms were not made available upon notice of the AAP. City staff have reviewed the process, sought legal advice and have concluded that due to the response forms not being made available on the initial day of AAP notice (January 17, 2024), the requirements in the legislation have not been met.
For more information, read the staff report (https://pub-nanaimo.escribemeetings.com/filestream.ashx?DocumentId=52849(External link))
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Under provincial legislation certain initiatives such as borrowing money for a project, establishing new municipal services, or adjusting parkland dedication require elector approval. To formally adopt these bylaws, Council must first seek elector approval.
In these cases, the City must seek approval of the electors through either an Assent Vote (also known as a referendum) or an Alternative Approval Process (or AAP) to gain support for the initiative before it moves forward.
An AAP is a common process used by municipalities to seek elector approval for projects that are required in order to continue to provide municipal services. It is less expensive than holding a referendum and offers increased convenience to electors by providing at least 30 days to submit response forms.
Current AAPs
Please Note: "Nanaimo Operations Centre Phase One Borrowing Bylaw 2023 No. 7362" has been abandoned, and the Alternative Approval Process (AAP) has been cancelled.
How an Alternative Approval Process Works
- If you are in favour of adoption of the bylaw, no action is required.
- If you are an eligible resident or non-resident property elector of the City of Nanaimo and you are opposed to the adoption of the bylaw without it first receiving assent of the electors by voting (referendum), you may sign an Alternative Approval Process Elector Response Form.
- If 10% of eligible voters in the City of Nanaimo complete and submit the form then Council must either abandon the bylaw or put it to Assent Voting (Referendum) to obtain assent of the electors.
- If less than 10% of eligible voters in the City of Nanaimo complete and submit the response form then elector approval is received and Council can choose to proceed with the initiative.
Elector Eligibility
In order to sign an elector response form for an AAP, a person must either be a resident elector or a non-resident property elector.
The City of Nanaimo uses the provincial voters list to confirm that resident electors are eligible to submit response forms. Residents should contact Elections BC to confirm their registration on the provincial voters list.
A resident elector is an individual who is entitled to sign an elector response form during an AAP by virtue of living within the City of Nanaimo. When signing an elector response form, a resident elector must:
- Be 18 years of age or older;
- Be a Canadian citizen;
- Have lived in BC for the last 6 months;
- Be a resident of the City of Nanaimo;
- Not be disqualified by any enactment from voting in an election or otherwise disqualified by law.
A non-resident property elector is an individual that does not live in the City of Nanaimo and who is entitled to sign an elector response form during an AAP by virtue of owning property in the City. When signing an elector response form, a non-resident property elector must:
- Not be entitled to register as a resident elector in the City of Nanaimo;
- Be 18 years of age or older;
- Be a Canadian citizen;
- Have lived in BC for the last 6 months immediately prior to signing the response form;
- Have owned real property in the City of Nanaimo for at least 30 days immediately prior to signing the response form;
- Not be disqualified by any enactment from voting in an election or otherwise disqualified by law;
If there is more than one registered owner of the property (either as joint tenants or tenants in common), only one of those individuals may, with the written consent of the majority of the owner, register as a non-resident property elector, and,
A person may only register as a non-resident property elector in relation to one parcel of real property in a jurisdiction.
Note: Only one non-resident property elector may sign an elector response form per property, regardless of how many people own the property; and, that owner must have the written consent of a majority of the other property owner(s) to sign the response form on their behalf. Property owned in whole or in part by a corporation does not qualify under the non-resident property elector provisions.