All Things Alternative Approval Process

Every 4 years, the electors head to the polls to vote for the individuals they would like to see represent their interests as municipal council or regional board members. Aside from the occasional by-election, the successful candidates then hold office for 4 years and may exercise the significant powers that the Province and voters have entrusted to them under the Community Charter (Charter) and Local Government Act (LGA). Needless to say, these powers are significant and can result in significant financial commitments, with a significant tax burden on future tax payers that can exceed the 4-year term of office, in some cases for many years. For this reason, the Charter and LGA require a council or board to go back to the electors for “approval” before exercising some of these significant powers.

A council or board may obtain such “approval of the electors”, by going through an election type process referred to as the “assent of the electors”, permitting electors to vote “yes” or “no” in relation to the particular matter. However, in many, but not all cases, the Charter and LGA also permit a local government to seek the approval of the electors by using a simpler, faster and less expensive process, known as the “alternative approval process” (AAP).

Under an AAP, the local government provides notice to the public that it may proceed with the particular matter unless at least 10% of electors sign elector response forms stating opposition to the matter and submit those forms to the corporate officer within a response period of at least 30 days. If there is a sufficient number of petitions against the matter, the local government cannot proceed with the matter, unless the matter first undergoes a successful elector assent process. If the petitions are insufficient, the local government may proceed with the matter.

So, when does an AAP apply? How does it work? What are the common challenges and pitfalls with the process? This paper will examine “all things” alternative approval process.

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