Nunavut, Canada, local Popular or citizens initiative [PCI] - Petition for by-law

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
Nunavut, Canada
Political level
local
Local Name:
Petition for by-law
Normative Level:
statutory
Legally Binding:
yes
Legally Defined:
Petition for by-law

64.1.(1) If the voters in a municipality, in accordance with the Plebiscites Act, petition the council to submit, for the approval of the voters, a by-law dealing with any matter within its power to make by-laws, the council shall

(a) cause a by-law dealing with the subject matter of the petition to be prepared and read for the first time within 30 days of receiving the report of the Chief Electoral Officer, under section 13 of the Plebiscites Act, determining that the petition is valid;

(b) cause a copy of the by-law to be forwarded to the Minister; and

(c) submit the by-law to the voters for their approval under section 63.

Third reading

(2) If a majority of the voters who vote approve of the by-law referred to in subsection (1), the by-law as submitted shall be given third reading within four weeks after the vote, and no alteration that affects substance may be made in the by-law.

Time for holding vote

64.5.

If a petition for a vote of the electors is filed with the senior administrative officer within 12 months before a general election and a vote of the electors is to be conducted because of the petition, the council may direct that the vote be conducted at the general election.

Limit on petitions

64.6.

If a vote of the electors is conducted on a by-law, the council may refuse to receive any further petition on the same or a similar subject filed within one year of the date of the vote.

Limit on subject matter

64.7.

A petition requesting a by-law to be made on a subject under Part IV of this Act (Financial Affairs), the Property Assessment and Taxation Act, or the Planning Act is of no effect.

By-law passed as result of petition

64.8.

A by-law the council was required to pass as a result of a vote of the electors may be amended or repealed only if

(a) a vote of the electors is held on the proposed amendment or repeal and the majority of the electors voting vote in favour of the proposed amendment or repeal; or

(b) three years have passed from the date the by-law was passed.

References: Cities, Towns And Villages Act, (2014)

Petitions

Public petition

11. (1) Persons eligible to be petitioners may, in accordance with this section, submit a petition to a plebiscite authority requesting it to initiate a plebiscite.

Filing municipal petition

(2) A petition submitted to the council of a municipal corporation must be filed with the senior administrative officer.

Contents

(3) The petition must

(a) concisely set out the question to be asked in the plebiscite on each page of the petition;

(b) describe the proposed plebiscite area;

(c) contain the full name, postal and civic address and signature of each petitioner;

(d) contain the full name and signature of the person who witnessed a petitioner's signature;

(e) contain a declaration by the petitioner that he or she is entitled to be a petitioner;

(f) contain the full name, postal and civic address, telephone number and any email address of the authorized representative of the petitioners;

(g) contain a signed statement of consent by the authorized representative of the petitioners; and

(h) set out the date on which each petitioner signs the petition.

Threshold number of petitioners

(..)

Certification of threshold number

(5) The Chief Electoral Officer shall, on written request, certify the threshold number of petitioners required under subsection (4) for a proposed plebiscite area, and a petition signed by at least that number of eligible petitioners is deemed to meet the requirements of that subsection for the proposed plebiscite area.

Eligible petitioner

(6) To be eligible to be a petitioner and sign a petition a person must, at the time of signing the petition, be

(a) a citizen of Canada;

(b) at least 18 years of age;

(c) a resident in Nunavut for a consecutive period of at least 12 months; and

(d) a resident in the proposed plebiscite area.

Signature of witness

(7) The signature of each petitioner must be witnessed by an adult person who must sign opposite the signature of the petitioner.

Question to be submitted

(8) The question set out in the petition must respect the criteria of section 8.

No changes to petition

(9) No name may be added to or removed from a petition after it is submitted to a plebiscite authority.

Validity

(10) A petition that does not comply with this section is not valid.

Guide for petitions

(11) The Chief Electoral Officer may prepare a guide to assist the public in the preparation of petitions.

References: CONSOLIDATION OF PLEBISCITES ACT S.Nu. 2013,c.25 In force January 1, 2014 (Current to: February 25, 2016)

Subject Matter:

Petition for by-law

Actors

Author:
citizens
Initiator:
citizens
Decision maker:
Electorate

Requirements

Number Of Signatures:
25% of voters in a municipality
Available Time:
No deadline found
Turnout Quorum:
Legal source does not mention turnout quorum
Approval Quorum:
Majority of the voters who vote
Geographical Quorum:
Legal source does not mention geographical quorum
Excluded Issues:
64.7.

A petition requesting a by-law to be made on a subject under Part IV of this Act (Financial Affairs), the Property Assessment and Taxation Act, or the Planning Act is of no effect.

By-law passed as result of petition

64.8.

A by-law the council was required to pass as a result of a vote of the electors may be amended or repealed only if

(a) a vote of the electors is held on the proposed amendment or repeal and the majority of the electors voting vote in favour of the proposed amendment or repeal; or

(b) three years have passed from the date the by-law was passed.

Other Formal Requirements:

Procedural Elements

Collection Mode:
Specify Collection Mode:
Wording Of Ballot Question:
Interaction With Authorities:

64.3. (1) A petition must be filed with the senior administrative officer and the senior administrative officer is responsible for determining whether the petition is sufficient.
Changes to petition
(2) No name may be added to or removed from a petition after it has been filed with the senior administrative officer.
Counting petitioners
(3) In counting the number of petitioners on a petition there must be excluded the name of a person
(a) whose signature is not witnessed;
(b) whose signature appears on a page of the petition that does not have the same purpose statement that appears on all the other pages of the petition;
(c) whose printed name or initials are not included or are incorrect;
(d) whose street address or legal description of land is not included or is incorrect;
(e) if the date when the person signed the petition is not stated;
(f) who does not meet the voter eligibility requirements under section 17 of the Local Authorities Elections Act; or
(g) who signed the petition more than 60 days before the date on which the petition was filed with the senior administrative officer.

Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks: