Under the Community Charter, local governments such as the City of Kamloops may use an Alternative Approval Process (AAP) to directly engage citizens about a proposed bylaw or other matter requiring elector approval.
An AAP is an alternative to Assent Voting (referendum), which is costlier to taxpayers and involves a lengthier process. The AAP allows electors 30 days to submit an Elector Response Form only if they are in opposition to the local government's proposal. If an elector is not opposed, there is nothing they need to do. If 10 per cent or more of eligible electors submit forms indicating their opposition to the proposal, then elector assent is not obtained, and the City cannot proceed with the long-term borrowing withough first holding a referendum.
An AAP can be used for certain matters to obtain elector approval from eligible electors before municipal council or the regional district board an proceed with its decision—such as requesting the Provincial Government to expand a municipal boundary, undertake long-term capital borrowing required to build a new recreation centre or, or to establish a new regional district service (e.g., recycling pick-up) for its citizens—before adopting the bylaw.
Learn more about the upcoming Alternative Approval Process for the Build Kamloops Program on our Let's Talk page.
AAP Questions and Answers
How does an AAP work?
A report is provided to Council that describes the proposal seeking Council's approval for the AAP. Following statutory approval certifying that all legislative requirements are being met, staff bring back an additional report outlining the following:
- Advertising dates
- Deadline for receipt of responses
- Estimated number of electors
- Elector Response Form
After Council's approval, Elector Response Forms are made available at City Hall. Signed forms received after the deadline has passed cannot be counted. If, by the deadline, 10 per cent or more of the total number of estimated eligible electors sign and submit response forms, local governments cannot proceed with the proposed matter without first holding an assent vote (i.e. referendum).
Who is eligible to participate in an AAP?
Both eligible resident electors and eligible non-resident property electors can participate in an AAP. An elector is deemed eligible when they meet the qualitifactions set out in section 172 of the Local Government Act.
Resident Elector
When signing an elector response form during an AAP, a resident elector must:
- be 18 years of age or older;
- be a Canadian citizen;
- have been a resident of British Columbia for at least six months;
- be a resident of the jurisdiction (e.g., municipality or electoral area) where the AAP is being conducted;
- live in the area defined for the AAP;
- not be disqualified under the Local Government Act, or any other enactment from voting in a local election or be otherwise disqualified by law. [Community Charter, section 86(2)(e)(iii) and section 86(5); Local Government Act, section 65]
Non-Resident Property Elector
When signing an elector response form during an AAP, a non-resident property elector must:
- be 18 years of age or older;
- be a Canadian citizen;
- have been a resident of British Columbia for at least six months;
- have owned property in the jurisdiction (e.g., municipality or electoral area) for at least 30 days;
- own property in the area defined for the AAP;
- not be disqualified under the Local Government Act, or any other enactment from voting in a local election or be otherwise disqualified by law. [Community Charter, section 86(2)(e)(iii) and section 86(5); Local Government Act, section 65]
Only one owner can sign the elector response form when a property is owned by more than one registered owner. That owner must have the written consent of a majority of the other property owner(s) to sign the response form. Where a property is owned in whole or in part by a corporation, no one is eligible to sign an elector response form in relation to that property. [Local Government Act, section 66]
Note: There is no Corporate Vote - No corporation is entitled to be registered as an elector or have a representative registered as an elector and no corporation is entitled to vote.
I'm in favour of the proposed bylaw; what do I need to do?
If you are in favour of the adoption of the bylaw, no action is required.
I'm opposed to the proposed bylaw; what do I need to do?
If you are opposed to the adoption of the bylaw, complete and submit the Elector Response Form and return to the Corporate Officer within the 30-day period.
Where can I obtain an AAP Elector Response Form?
AAP Elector Response Forms are available during an active AAP at City Hall, 7 Victoria Street West, Kamloops, during regular business hours 8:00 am to 4:00 pm Monday to Friday, excluding statutory holidays.
If there is more than one person residing in a household, can each person submit an Elector Response Form?
Yes, but only if each person meets the requirements to participate in an AAP (see details above).
How do I submit my Elector Response Form?
Completed forms must be received by the Corporate Officer on or before the deadline in person at City of Kamloops City Hall, 7 Victoria Street West, Kamloops.
How are residents notified of an AAP?
The AAP must be advertised in accordance to Section 94.2 of the Community Charter. Notices will be placed on the public notice board at City Hall, posted on the Statutory Public Notices webpage, and emailed to all subscribers of "Statutory Public Notices". You can register to receive email notification of all Statutory Public Notices at Kamloops.ca/Subscribe.
Depending on the subject matter of the AAP, there may be additional ads, public open houses, news releases, and other public communications.
What happens with my Elector Response Form?
Once the completed AAP Elector Response Forms are delivered to City Hall and received by the Corporate Officer, they are date stamped and held in a locked cabinet while the process is ongoing. The number of responses received is not made public during the process.
Once the deadline has passed, the responses are validated and the Corporate Officer forwards a "Certificate of Sufficiency" report to Council, in which the total number of valid responses received is given. If the total is at least 10 per cent of the estimated number of electors, Council is not permitted to proceed with the matter unless it is approved by the electorate through a referendum.
