Yukon Territory, Canada, local Popular or citizens initiative [PCI] - Petition for new bylaw

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
Yukon Territory, Canada
Political level
local
Local Name:
Petition for new bylaw
Normative Level:
statutory
Legally Binding:
yes
Legally Defined:
152(1) An elector may, in accordance with this Division, request that the council of their municipality conduct a referendum on any matter within the jurisdiction of that council (including a matter relating to a capital project) except on

(a) the operating budget bylaw;

(b) the capital budget bylaw; or

(c) the general property taxation bylaw.

(2) A request under subsection (1) may only be made by submitting to the council a petition that contains the signatures of a number of electors that is equal to or more than 15 percent of the population of the municipality where the referendum would be conducted.

(3) A petition under this section may address only

(a) one distinct purpose; and

(b) any matter that is directly related to that purpose.

153(1) Before collecting any signatures for a petition under section 152, the representative named in the petition, or their agent, must file with the designated municipal officer

(a) a notice that states their intention to request a referendum by petition; and

(b) the unsigned petition.

(2) Upon receiving the notice and unsigned petition for filing, the designated municipal officer must provide the representative, or their agent, with a receipt that states

(a) that the notice and unsigned petition have been filed; and

(b) the date of that filing.

154(1) A petitLegal source does not mention special approval quorumion is valid only if it is deposited with the designated municipal officer within 105 days after the date of the filing of the notice and unsigned petition under section 153.

(2) The designated municipal officer is not required to take any action in respect of an invalid petition.

155(1) Within 15 days after receiving a petition under section 154, the designated municipal officer must

(a) determine whether the petition meets the requirement under subsection 152(2); and

(b) provide a written report setting out that determination with reasons to the council and the representative named in the petition.

(2) A person’s signature on a petition must be counted in the determination under paragraph (1)

(a) only if the signature is on the version of the petition that the designated municipal officer marked under subsection 153.01(2) or on a true copy of that version.

(3) If the designated officer determines that the petition does not meet the requirements under subsection 152(2), the designated municipal officer is not required to take any action in respect of that petition.

156(1) If a council receives a report under section 155 that a petition does meet the requirement under subsection 152(2), the council must

(a) within 60 days after receiving the report, introduce a bylaw for first reading that, based upon the purpose set out in the petition, sufficiently and accurately sets out each question to be voted on in a referendum; and

(b) within 60 days after introducing the bylaw, conduct a vote on each question set out in that bylaw.

(2) Despite paragraph (1)(b), a council may conduct a referendum by petition at the same time as a general election or by-election if that election is to be held within six months after the date that the bylaw under paragraph (1)(a) is introduced for first reading.

(3) A council is not required to conduct a referendum by petition if

(a) before it would otherwise be required to conduct the referendum, it adopts a bylaw that sufficiently and accurately addresses the purpose set out in the petition; or

(b) a referendum has already been conducted within the immediately preceding 12 month period on substantially the same subject matter or question.

(4) If council receives a report under section 155 that a petition does not meet the requirement under subsection 152(2), the council is not required to take any further action in respect of that petition.

158(1) A council may, by bylaw, establish rules of procedure for the conduct of a referendum by petition (..)

Results of referendum by petition are binding

159.01(1) A council must take all necessary actions within its jurisdiction to implement as soon as practicable the results of a referendum by petition as proclaimed under section 159, including, as the case may be

(a) the adoption, amendment or repeal of a bylaw; or

(b) the passing of a resolution.

(2) If the result of a referendum requires the enactment, amendment or repeal of all or any part of a bylaw, that enactment, amendment or repeal takes effect

(a) if the bylaw specifies a time when the enactment, amendment or repeal is to take effect, that time; or

(b) in any other case, immediately upon proclamation of the result of the referendum.

References: MUNICIPAL ACT, Chapter 154, 1999, REVISED STATUTES OF THE YUKON 2002 (2015)

Subject Matter:

To decide about a new bylaw, resolution, any matter within the jurisdiction of the council including capital projects

Actors

Author:
Electors
Initiator:
Electors
Decision maker:
Electors

Requirements

Number Of Signatures:
15+% of population
Available Time:
105 days
Turnout Quorum:
Legal source does not mention turnout quorum
Approval Quorum:
159. (2) If the majority of votes cast on a question included in a referendum by petition are (a) in the affirmative, that question is deemed to have been answered in the affirmative; or (b) in the negative, that question is deemed to have been answered in the negative. (3) If there is an equal number of votes cast in the affirmative and in the negative on a question included in a referendum by petition, that question is deemed to be answered in the negative.
Geographical Quorum:
Legal source does not mention geographical quorum
Excluded Issues:

a) the operating budget bylaw; (b) the capital budget bylaw; or (c) the general property taxation bylaw.

Other Formal Requirements:

Procedural Elements

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

Practice

Archive:
Remarks:

154(1) A council may by bylaw adopt rules concerning
(a) the format of petitions;
(b) determining the sufficiency of petitions;
(c) counting petitions; and
(d) any other matter necessary for a petition for a referendum.
(2) Every eligible elector who is qualified to vote in a municipal election under this Part is an eligible petitioner.

Procedure for plebiscites and referendums
158(1) A council may by bylaw establish rules of procedure for the conduct of plebiscites and referendums, but if no such bylaw is passed, the procedures established by this Part for a municipal election establishing polling places, giving notice of polling times, conduct of polls and counting and recounting votes, shall be followed so far as practicable.
(2) At least 21 days before the first day for voting on the resolution or bylaw, the council must publish and post the proposed resolution or bylaw on which the vote in the plebiscite or referendum is to be taken and it must be published and posted in the same way as section 62 requires for publishing notice and posting copies of the preliminary list of electors.
(3) Every petition for a referendum shall prominently display a statement that the result of the referendum vote will be binding on council.