Alternative Approval Process
During an AAP, eligible electors have at least 30 days to sign and submit a response form in opposition to the proposed initiative. If 10 percent or more of eligible electors sign and submit response forms, the local government would need to hold a referendum (also known as assent voting) to obtain elector approval in order to proceed. If less than 10 percent of eligible electors sign and submit response forms, a Council can choose to proceed with the initiative.
How an Alternative Approval Process Works
- If you are in favour of adoption of the bylaw, no action is required.
- If you are an eligible resident or non-resident property elector of the City of Nanaimo and you are opposed to the adoption of the bylaw you may fill in, sign and submit an elector response form.
- If 10% of eligible voters in the City of Nanaimo complete and submit the form then Council must either abandon the bylaw or hold a referendum (assent voting) to obtain elector approval.
- If less than 10% of eligible voters in the City of Nanaimo complete and submit the response form then elector approval is received and Council can choose to proceed with the initiative.
Elector Eligibility
In order to sign an elector response form for an AAP, a person must either be a resident elector or a non-resident property elector.
The City of Nanaimo uses the provincial voters list to confirm that resident electors are eligible to submit response forms. Residents should contact Elections BC to confirm their registration on the provincial voters list.
A resident elector is an individual who is entitled to sign an elector response form during an AAP by virtue of living within the City of Nanaimo. When signing an elector response form, a resident elector must:
- Be 18 years of age or older;
- Be a Canadian citizen;
- Have lived in BC for the last 6 months;
- Be a resident of the City of Nanaimo;
- Not be disqualified by any enactment from voting in an election or otherwise disqualified by law.
A non-resident property elector is an individual that does not live in the City of Nanaimo and who is entitled to sign an elector response form during an AAP by virtue of owning property in the City. When signing an elector response form, a non-resident property elector must:
- Not be entitled to register as a resident elector in the City of Nanaimo;
- Be 18 years of age or older;
- Be a Canadian citizen;
- Have lived in BC for the last 6 months immediately prior to signing the response form;
- Have owned real property in the City of Nanaimo for at least 30 days immediately prior to signing the response form;
- Not be disqualified by any enactment from voting in an election or otherwise disqualified by law;
If there is more than one registered owner of the property (either as joint tenants or tenants in common), only one of those individuals may, with the written consent of the majority of the owner, register as a non-resident property elector, and,
A person may only register as a non-resident property elector in relation to one parcel of real property in a jurisdiction.
Note: Only one non-resident property elector may sign an elector response form per property, regardless of how many people own the property; and, that owner must have the written consent of a majority of the other property owner(s) to sign the response form on their behalf. Property owned in whole or in part by a corporation does not qualify under the non-resident property elector provisions.
Supporting Documents
- Community Charter (see Section 86)
- Non-Resident Property Elector Consent Form (PDF)
- AAP: A Guide for Local Governments in BC (PDF)
- Alternative Approval Process Policy (PDF)
Alternative Approval Process FAQs
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What is an AAP?
Local governments can use the Alternative Approval Process under the Community Charter as a method to gauge public opinion in regard to certain types of proposed bylaw, agreements, or other matters. It is most commonly used in relation to long-term borrowing bylaws. Under Section 86 of the Community Charter electors opposed to the proposed bylaw may complete a form to register their opposition. If 10% of eligible voters in the City of Nanaimo complete and submit the form then Council must either abandon the bylaw or put it to Assent Voting (Referendum) to obtain assent of the electors.
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How is the 10% threshold of electors determined?
The 10% threshold of electors is based on the number of registered City of Nanaimo resident electors as on the most recent Municipal Election voting list, plus the number of new electors registered during that election, plus an estimate for population increase (1.8% per year according to census data) and the number of non-resident property electors. A report detailing how these numbers were calculated is provided to Council for each individual AAP.
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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.
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I’m opposed to the proposed bylaw; what do I need to do?
If you are an eligible elector of the City of Nanaimo and you are opposed to the adoption of the bylaw without it first receiving assent of the electors by voting (referendum), you may sign an Alternative Approval Process Elector Response Form and submit it to the City of Nanaimo.
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Where can I obtain an AAP Elector Response Form?
AAP Elector response forms are available during the AAP process at the Legislative Services counter at City Hall, 455 Wallace Street, Nanaimo, during regular business hours 8:30 am to 4:30 pm Monday to Friday, excluding statutory holidays, and on the City’s Alternative Approval Process webpage at Nanaimo.ca
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How many elector response forms can I pick up?
A maximum of ten (10) printed copies of an elector response form will be provided per individual throughout the process for each AAP, as per the Alternative Approval Process Policy. Printed copies of the form are available to pickup at City Hall between regular business hours and forms will be made available for printing from the City website. -
If there is more than one person residing in a household in the City of Nanaimo, can each person submit an elector response form?
Yes. But only if each person meets the requirements of a resident elector (see details above).
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If more than one non-resident owns real property in the City can all the non-resident owners of the property sign elector response forms?
No. If there is more than one non-resident owner registered on a property, only one of those individuals may sign the Elector Response Form and only with the written consent of the majority of the owners. A Non-Resident Property Elector Consent form can be obtained under the supporting documents section of this webpage or by contacting the Legislative Services Department at legislative.servicesiffice@nanaimo.ca.
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How do I submit my elector response form?
Completed forms must be submitted by the date indicated on the notice, and can be submitted in any of the following ways:
- In-person: at the Legislative Services Department, City Hall during regular business hours 8:30 am to 4:30 pm, Monday to Friday, excluding statutory holidays
- Mailed to: Corporate Officer, Legislative Services Department, 455 Wallace Street, Nanaimo, BC, V9R 5J6
- Electronically: through a submission page on the City of Nanaimo’s website. A link to the webpage will be identified on the elector response form.
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Can I withdraw my elector response form after I’ve submitted it?
Yes. You will need to provide proof of identification and make a request in writing to the Corporate Officer, or designate, prior to the AAP deadline.
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Who can access and/or review the elector response forms during or after the AAP?
Only the Corporate Officer, or their designate, can review and certify elector response forms during an AAP. The Corporate Officer is responsible for the safe keeping of the elector response forms throughout, and after, the AAP. Local governments must retain elector response forms as per requirements established in the Freedom of Information and Protection of Privacy Act (FOIPPA, Part 3) after the AAP has been completed.
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How will the results of the AAP be communicated to the public?
Following certification of the results by the Corporate Officer after the submission deadline the results will be posted to the City’s website and a report will be provided to Council at a future meeting.
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Who can I contact for more information on the AAP process?
For more information on the Alternative Approval Process (AAP) contact:
Sheila Gurrie, Corporate Officer
sheila.gurrie@nanaimo.ca
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Last updated: July 23, 2024
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