Nunavut, Canada, local Plebiscite [ATP] - Plebiscite (Municipal corporation, education authority)

General Typology

Instrument
Plebiscite [ATP]
Location
Nunavut, Canada
Political level
local
Local Name:
Plebiscite (Municipal corporation, education authority)
Normative Level:
statutory
Legally Binding:
yes
Legally Defined:
Initiating a Plebiscite

Plebiscite authorities

(d) the council of a municipal corporation;

(e) an education authority;

Municipal plebiscite

(4) The council of a municipal corporation may only initiate a plebiscite in the municipality on a matter within the jurisdiction of the municipal corporation.

Education authority plebiscite

Education authority plebiscite

(5) An education authority may only initiate a plebiscite on a matter for which the education authority is responsible and may hold the plebiscite only at the same time as an election for the education authority.

No binding effect

9. (1) The results of a plebiscite have no binding effect or legal consequences unless the instructions to issue the writ and the writ declare that the results of the plebiscite are to have binding effect.

Application to municipal by-law

(2) For greater certainty, subsection (1) applies to a plebiscite for the approval of a bylaw under the Cities, Towns and Villages Act or the Hamlets Act.

Public Awareness of Plebiscite

Public access to information

18. (1) Any member of the public in Nunavut may request information related to the subject matter of a plebiscite from the authorized representative of

(a) the petitioners in any petition submitted to the plebiscite authority in respect of the plebiscite;

(b) the plebiscite authority; and

(c) any registered group in the plebiscite.

Duty to provide information

(2) An authorized representative shall, as soon as practicable, take reasonable steps to provide the information requested to the person making the request under subsection (1).

Information to the Chief Electoral Officer

(3) An authorized representative shall, without delay, provide the Chief Electoral Officer with whatever information the Chief Electoral Officer may need to properly inform the public under section 19.

19. Registered groups

(3) A registered group in the plebiscite may, in accordance with guidelines of the Chief Electoral Officer, submit a written statement on its position to the Chief Electoral Officer for simultaneous publication with the statements prepared under subsection (1).

Authorized Representatives

Appointment of authorized representative

24. (1) A plebiscite authority, a group of petitioners and a body applying for registration as a registered group shall designate or appoint one person to be its authorized representative for the purposes of this Act.

Campaigning in a Plebiscite

Prohibited campaigning

25. (1) Subject to subsection (2), the following persons or entities shall not campaign in a plebiscite:

(a) any individual who is not resident in Nunavut;

(b) any corporation or other entity that

(i) is not incorporated, established or continued by or under the laws of Nunavut, and

(ii) does not carry on business in Nunavut in compliance with any registration or licensing requirements applicable to it under the laws of Nunavut.

Registered groups

26. (1) A registered group may solicit and receive contributions to finance campaigning in a Nunavut-wide plebiscite.

Eligible bodies

(2) The following bodies are eligible to become a registered group:

(a) a corporation incorporated, established or continued by or under the laws of Nunavut;

(b) a society incorporated under the Societies Act;

(c) a co-operative association registered under the Co-operative Associations Act;

(d) a trade union representing employees working in Nunavut;

(e) a partnership all of whose partners are individuals resident in Nunavut or corporations incorporated, established or continued by or under the laws of Nunavut; and

(f) an unincorporated association of individuals, if all the individuals are resident in Nunavut.

(..)

Application

(4) An application for registration under this section must be submitted in the approved form to the Chief Electoral Officer before 2:00 pm on the 14 th day before plebiscite day.

Deposit

(5) A non-refundable deposit in the prescribed amount must be given to the Chief Electoral Officer along with the application for registration.

Form of deposit

(6) The deposit must be in the form of a money order, certified cheque, Northern Stores draft or Co-op draft payable to the Government of Nunavut.

Prohibition on false information

(7) No person shall knowingly furnish false information to the Chief Electoral Officer in relation to an application for registration.

CONDUCT OF A PLEBISCITE

Plebiscite Notice

58. (1) Where a plebiscite is to be held in a plebiscite area, the returning officer shall, without delay, issue a plebiscite notice in the approved form.

Distribution of notice

(2) The returning officer shall, no later than the 28 th day before plebiscite day, send a copy of the plebiscite notice to the Chief Electoral Officer and any registered group in the plebiscite.

Content of plebiscite notice

(3) The plebiscite notice must include the approved information and be made public in the approved manner.

Publication of plebiscite details

(4) The Chief Electoral Officer shall ensure that, at the earliest possible time, a notice is published specifying the plebiscite area and providing information on any registered group in the plebiscite.

Emergency Voting Procedure

Mobile Poll

Request for mobile poll

94. (1) A returning officer shall give public notice that voters who are shut in and unable to attend either the office of the returning officer or the polling station may call the returning officer to request a visit by a mobile poll.

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

Subject Matter:

To initiate a plebiscite in the municipality on a matter within the jurisdiction of the municipal corporation

Actors

Author:
Municipal Council
Initiator:
Municipal Council
Decision maker:
Electorate

Requirements

Available Time:
Turnout Quorum:
No turnout quorum mentioned in the act
Approval Quorum:
Majority
Geographical Quorum:
No geographical quorum mentioned in the act
Excluded Issues:
Other Formal Requirements:

Plebiscite has a binding effect only if the instructions to issue the writ and the writ declares that the result of the plebiscite are to have binding effect

Procedural Elements

Wording Of Ballot Question:
Plebiscite Questions

Clarity of question

8. (1) The question to be asked in a plebiscite must be clearly expressed in a way that is not misleading, equivocal or confusing to the voters.

Question to be asked

(2) The question to be asked in a plebiscite initiated on the request of a petition must reflect the content of the petition but may include another question that the plebiscite authority considers appropriate to be included in the plebiscite.

Limit on repeat plebiscites

(3) If a plebiscite is conducted on a question, no further plebiscite on the same or a similar question may be initiated or conducted in the same plebiscite area within five years of the plebiscite day.

Interaction With Authorities:
Supervision And Support:
Transparency And Finance:
Campaigning in a Plebiscite

Prohibited campaigning

25. (1) Subject to subsection (2), the following persons or entities shall not campaign in a plebiscite:

(a) any individual who is not resident in Nunavut;

(b) any corporation or other entity that

(i) is not incorporated, established or continued by or under the laws of Nunavut, and

(ii) does not carry on business in Nunavut in compliance with any registration or licensing requirements applicable to it under the laws of Nunavut.

Registered groups

26. (1) A registered group may solicit and receive contributions to finance campaigning in a Nunavut-wide plebiscite.

Eligible bodies

(2) The following bodies are eligible to become a registered group:

(a) a corporation incorporated, established or continued by or under the laws of Nunavut;

(b) a society incorporated under the Societies Act;

(c) a co-operative association registered under the Co-operative Associations Act;

(d) a trade union representing employees working in Nunavut;

(e) a partnership all of whose partners are individuals resident in Nunavut or corporations incorporated, established or continued by or under the laws of Nunavut; and

(f) an unincorporated association of individuals, if all the individuals are resident in Nunavut.

(..)

Application

(4) An application for registration under this section must be submitted in the approved form to the Chief Electoral Officer before 2:00 pm on the 14 th day before plebiscite day.

Deposit

(5) A non-refundable deposit in the prescribed amount must be given to the Chief Electoral Officer along with the application for registration.

Form of deposit

(6) The deposit must be in the form of a money order, certified cheque, Northern Stores draft or Co-op draft payable to the Government of Nunavut.

Prohibition on false information

(7) No person shall knowingly furnish false information to the Chief Electoral Officer in relation to an application for registration.

PART VII

PLEBISCITE CONTRIBUTIONS AND EXPENSES

Contributions

Prohibition on making contributions

142. (1) No person shall make a contribution to another person for the purpose of supporting campaigning by that other person in a plebiscite unless

(a) the plebiscite is a Nunavut-wide plebiscite;

(b) the contribution is made during the plebiscite period;

(c) the contribution is for the purpose of supporting the conduct of campaigning by a registered group in the plebiscite; and

(d) the person receiving the contribution is the financial agent of a registered group in the plebiscite or a person authorized in writing to accept contributions on behalf of that financial agent.

Prohibited contributions

(2) No person or entity that is prohibited from campaigning under subsections 25(1) and (4) shall make a contribution to a registered group.

Prohibition on accepting contributions

(3) No person may solicit or receive a contribution for the purpose of campaigning in a plebiscite unless

(a) the plebiscite is a Nunavut-wide plebiscite;

(b) the contribution is made during the plebiscite period;

(c) the contribution is to be made to a registered group; and

(d) the person is the financial agent of the registered group or is

authorized in writing to accept contributions on behalf of the

financial agent.

Group contributions

(4) Subject to subsection 74(1) of the Public Service Act, an unincorporated association of individuals resident in Nunavut may make contributions to a registered group during a plebiscite period in the same manner as a corporation, if the association

(a) attaches to each contribution a list of the individual sources and amounts making up the contribution; or

(b) if the number of the individual sources is greater than 25, has a list of those sources available for public inspection.

Maximum contribution

(5) No individual, corporation or unincorporated association shall make contributions exceeding $2,500 in total during a plebiscite period.

Value of goods and services

(6) The value of a contribution made in goods and services is the market value of the goods and services.

Volunteer labour

(7) A contribution does not include any service provided free of charge by a person outside of the working hours of that person or any goods produced by that service, but does include any service, or goods produced by that service, provided by a person who is self-employed if the service is one that is normally sold or otherwise charged for by that person.

Status of association dues and donations

(8) Where an association is formed for the purpose of campaigning or otherwise participating in a plebiscite, any dues or donations collected by the association from its members or the others are considered to be contributions in the plebiscite.

Collection of contributions

145. (1) Only a financial agent or a person whom the financial agent authorizes in writing to act on behalf of the financial agent may receive a contribution on behalf of a registered group.

Financial Returns

Preparation of financial return

154. (1) The financial agent of any registered group in a plebiscite shall, before the end of the post plebiscite period, prepare for the registered group an accurate, signed financial return in the approved form.

Sending financial return

(2) Every registered group in a plebiscite shall, before the end of the post plebiscite period, send its financial return to the Chief Electoral Officer in the approved manner.

Contents of financial return

(3) Each financial return sent to the Chief Electoral Officer must contain

(a) detailed statements in respect of the registered group of

(i) the total amount of contributions received during the plebiscite period,

(ii) the total amount of contributions received after plebiscite

day but deemed to have been made during the plebiscite period under subsection 151(5),

(iii) the individual amounts of contributions in excess of $100 and the name and address of each such contributor,

(iv) the gross amount collected at any meeting, dance, dinner or other function and the name of each sponsor of the meeting, dance, dinner or other function, and

(v) all plebiscite expenses including disputed claims and unpaid claims;

(b) all receipts and bills proving payment of plebiscite expenses as required by subsection 153(4);

(c) a declaration signed by the financial agent certifying that the financial return is accurate, complete and does not contain any false or misleading information; and

(d) a declaration signed by the authorized representative of the registered group certifying that the financial return is accurate, complete and does not contain any false or misleading information.

Application for extension of time

(4) A registered group or its financial agent may apply to the Chief Electoral Officer for an extension of the time limit for sending to the Chief Electoral Officer the financial return required under subsection (2).

Deadline

(5) An application for an extension of time made to the Chief Electoral Officer must be made before the end of the post plebiscite period.

Extension of time

(6) The Chief Electoral Officer may, on an application under subsection (4), extend the time limit for sending the financial return for such period of time as the Chief Electoral Officer considers appropriate.

Practice

Archive:
Remarks: