Elizabeth Metis Settlement, AB T0A, Canada, local Popular or citizens initiative [PCI] - Petition for a bylaw

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
Elizabeth Metis Settlement, AB T0A, Canada
Political level
local
Local Name:
Petition for a bylaw
Normative Level:
statutory
Legally Binding:
yes
Legally Defined:

57(1) Settlement members may petition the settlement council for a bylaw about any matter within the bylaw making authority of the settlement council.
(2) A petition has no effect unless
(a) the number of settlement members who sign the petition is equal to at least 20% of the population of the settlement area determined by the most recent census conducted by the settlement council, and
(b) the petition substantially complies with section 58.

References: References: Metis Settlements Act, RSA 2000, c M-14

Subject Matter:

To suggest a bylaw

Actors

Author:
Settlement Members
Initiator:
Settlement Members
Decision maker:
Settlement Members in public meeting

Requirements

Number Of Signatures:
20% of settlement members
Available Time:
No information in legal source
Turnout Quorum:
Legal source does not mention turnout quorum
Approval Quorum:
Majority of the settlement members who are eligible to vote and who vote at the meeting vote in favour of the bylaw.
Geographical Quorum:
Legal source does not mention geographical quorum
Excluded Issues:
Other Formal Requirements:

Contents of petition
58(1) A petition to a settlement council may consist of one or more pages, but each page must contain an accurate and identical statement of the purpose of the petition, (..)

Sufficiency of a petition
59(1) Every petition must be filed with the settlement administrator, who must compute the number of settlement members who have signed the petition and determine the sufficiency of it.
(2) A petition is considered to have been received by a settlement council on the day the settlement administrator declares it to be a sufficient petition.
(3) The settlement administrator must determine the sufficiency of a petition within 30 days of the filing of the petition with the administrator.
(4) No name can be added to or removed from a petition after it has been received by the settlement administrator.

Bylaw prepared based on petition
60(1) Within 30 days after a settlement administrator declares that a petition is sufficient, the settlement council must cause a
bylaw dealing with the subject matter of the request to be prepared, including any other related matter the settlement council
(3) Persons affected by an issue under discussion at a public meeting have the right to participate in the discussion of the issue but may not vote on it unless they are settlement members and eligible to vote on it.
(4) A bylaw voted on at a public meeting is approved if a majority of the settlement members who are eligible to vote and who vote at the meeting vote in favour of the bylaw.
(5) If the vote at the public meeting is not in favour of the proposed bylaw, the bylaw is defeated, and all previous readings are cancelled.

Procedural Elements

Collection Mode:
Specify Collection Mode:

58(1) (..)
(a) each signature must be witnessed by an adult, who must make an affidavit that the persons whose signatures he or she has witnessed are settlement members, and
(b) the complete address and printed name of each settlement member who signs the petition must be set out opposite that member´s signature.
(2) An adult who witnesses a signature to a petition must do so by signing opposite the signature of the settlement member.
(3) In computing the number of settlement members who sign a petition, there must be excluded
(a) the name of a person whose signature appears on a page of the petition that does not contain an accurate statement of the purpose of the petition identical to the statement contained on all the other pages of the petition,
(b) the name of a person whose signature is not witnessed, and
(c) the name of a person who is not a settlement member.

Wording Of Ballot Question:
Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks: