Yukon Territory, Canada, local Plebiscite [ATP] - Referendum bylaws

General Typology

Instrument
Plebiscite [ATP]
Location
Yukon Territory, Canada
Political level
local
Local Name:
Referendum bylaws
Normative Level:
statutory
Legally Binding:
yes
Legally Defined:

151.01 Sections 150.01 to 150.03, 150.05 and 157 apply, with any necessary modifications, to a referendum conducted under section 151 except that each reference in those sections to a plebiscite is to be read as a reference to a referendum.

Results of referendum are binding on council

151.02 (1) If the result of a vote in a referendum conducted under section 151 is

(a) approval of the proposed bylaw, the council must take action as soon as practicable to adopt it; or

(b) disapproval of the proposed bylaw, the council must not conduct any further readings of it.

(2) If the result of a referendum is disapproval of a particular proposed bylaw, a council must not introduce for first reading any proposed bylaw that addresses the same subject matter as that particular proposed bylaw for a period of twelve months from the date on which the referendum was conducted

unless, in order to address an imminent danger to health and safety, the council must reconsider that subject matter.

(3) For greater certainty, the results of a referendum initiated by council under this section are not binding on another government.

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

Subject Matter:

To approve a matter/bylaw

Actors

Author:
Council
Initiator:
Council
Decision maker:
Electorate

Requirements

Available Time:
Turnout Quorum:
Legal source does not mention turnout quorum
Approval Quorum:
150.05 (2) If the majority of votes cast on a question included in a plebiscite [referendum] are(2) If the majority of votes cast on a question included in a plebiscite [referendum] 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 plebiscite [referendum], that question is deemed to be answered in the negative.
Geographical Quorum:
Legal source does not mention geographical quorum
Excluded Issues:
Other Formal Requirements:

Procedural Elements

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

Practice

Archive:
Remarks: