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

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
Saskatchewan, Canada
Political level
local
Local Name:
Petition for restructuring
Normative Level:
statutory
Legally Binding:
no
Legally Defined:

Petition for restructuring
54(1) The voters of a municipality, including a rural municipality, may petition to require the council to apply to restructure the municipality.
(2) Sections 132 to 138 apply, with any necessary modification, to a petition pursuant to this section.
(3) If the voters in a municipality vote in favour of requiring the council to apply to restructure the municipality, the council shall, without any unreasonable delay, apply in accordance with the procedures set out in Division 2.

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:

To apply for restructuring

Actors

Author:
citizens
Initiator:
electorate
Decision maker:
Minister

Requirements

Number Of Signatures:
The greater of 15% of the population or 25 voters of the municipality
Available Time:
90 days
Turnout Quorum:
Approval Quorum:
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

Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks:

See corresponding instruments in Saskatchewan: Petition for establishing an organized hamlet, Plebiscite (local); Petition for referendum (local)