Saskatchewan, Canada, local Popular or citizens initiative [PCI] - Petition for referendum

General Typology

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

Petition for referendum
132(1) Voters in a municipality may petition for a referendum on a bylaw or resolution on any matter within the jurisdiction of the council pursuant to this Act, except for the following:
(a) the adoption of an operating budget;
(b) the adoption of a capital budget;
(c) the authorization of the tax levy in accordance with section 283.
(2) A council that receives a petition requesting a referendum signed by the greater of 15% of the population or 25 voters of the municipality shall submit the request for a referendum to a vote in accordance with sections 133 to 138.
(3) Only voters of the municipality are eligible to be petitioners.

References: Chapter M-36.1*, The Municipalities Act , 2006 (2015)

Subject Matter:

Petition for referendum on by-law or resolution

Actors

Author:
citizens
Initiator:
citizens
Decision maker:
electorate

Requirements

Number Of Signatures:
The greater of 15% of the population or 25 voters of the municipality
Available Time:
90 days
Turnout Quorum:
Legal source does not mention turnout quorum
Approval Quorum:
Majority of valid votes
Geographical Quorum:
Legal source does not mention geographical quorum
Excluded Issues:
Other Formal Requirements:

Procedural Elements

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

Requirements for petition
133(1) A petition for a referendum must consist of one or more pages, each of which must contain:
(a) an identical statement of the purpose of the petition; and
(b) a statement to the effect that, by signing the petition, the petitioner is attesting that he or she is a voter of the municipality and has not previously signed the petition.
(2) The petition must include, for each petitioner:
(a) the printed surname and printed given names or initials of the petitioner;
(b) the petitioner´s signature;
(c) the petitioner´s street or road address or the legal description of the land
located within the municipality on which the petitioner´s right to be a voter is based; and
(d) the date on which the petitioner signs the petition.
(3) Each signature must be witnessed by an adult person who shall sign opposite the signature of the petitioner.
(4) The petition must have attached to it a signed statement of a person stating:
(a) that the person is the representative of the petitioners;
(b) that the municipality may direct any inquiries about the petition to the representative; and
(c) the date on which the first signature was collected.
(4.1) No signatures collected before the date mentioned in clause (4)(c) shall be included in the petition.
(5) The petition must be filed with the administrator within 90 days after the date on which the first signature is obtained on the petition.

Report on sufficiency of petition
135(1) Within 30 days after the date on which a petition for a referendum is filed, the administrator shall report to the council on whether the petition is sufficient or insufficient.
(2) The administrator´s determination as to sufficiency or insufficiency is final.
(3) If a petition is not sufficient, the council is not required to take any notice of it. Council´s duty on receiving sufficient petition

136(1) If the administrator reports to council that a petition for a referendum is sufficient, the council shall take any steps that it considers necessary to submit to the voters a bylaw or resolution in accordance with the request of the petitioners.

(2) The council shall submit the bylaw or resolution to the voters:
(a) before the end of the year in which the petition is filed, if the petition is filed with the administrator:
(i) on or before July 1 in the year in which a general election is held pursuant to section 10 of The Local Government Election Act, 2015t; or
(ii) in the case of a resort village, on or before March 1 in the year in which a general election is held pursuant to section 10 of The Local Government Election Act, 2015; or
(b) within nine months after the petition is filed, if the petition is filed with the administrator at any time other than the time mentioned in clause (a).
(4) The wording of the draft bylaw or resolution as it will appear on the ballot must be set by council at least eight weeks before the vote.
(5) A council is not required to submit a bylaw or resolution to a referendum if the council passes a bylaw or resolution that accords with the bylaw or resolution requested in the petition before the referendum would otherwise have to be conducted.
(6) If a referendum is conducted on a bylaw or resolution, the council may refuse to receive any further petition on the same or a similar subject filed within three years after the date of the vote.

Result of referendum
137(1) If a proposed bylaw or resolution is approved by a vote at a referendum by a majority of the persons voting whose ballots are not rejected, the council shall pass the bylaw or resolution at the first meeting following the vote.
(2) If a majority of the persons voting at a referendum do not approve the proposed resolution or bylaw, the council is not required to pass the proposed resolution or bylaw, but the council may pass the proposed resolution or bylaw if it chooses to do so.

Amendment or repeal of referendum bylaws or resolutions

140(1) Subject to subsection (3), a bylaw or resolution that a council was required to pass as a result of a vote of the voters may be amended or repealed only if:
(a) a vote of the voters is held on the proposed amendment or repeal and the majority of the persons voting whose ballots are not rejected vote in favour of the proposed amendment or repeal;
(b) three years have passed from the date that the bylaw or resolution was passed and public notice is given of the proposed amendment or repeal; or
(c) amendment or repeal is necessary to avert an imminent danger to the health or safety of the residents of the municipality.
(2) Public notice required by clause (1)(b) must be given at least 21 days before the proposed amendment or repeal.
(3) A bylaw or resolution that a council was required to pass as a result of a vote of the voters may be amended if the amendment does not affect the substance of the bylaw or resolution.

Supervision And Support:
Transparency And Finance:

Practice

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