Referendum and Alternative Approval Process

Share on Facebook Share on Twitter Share on Linkedin Email this link

AAP Kaleden Parkland Acquisition Loan Authorization Bylaw - Sickle Point
A second electronic town hall has been scheduled on Wednesday, January 27, 2021 at 7pm.

Alternative Approval Process

The alternative approval process (AAP) is a form of approval that allows electors to indicate whether they are against a local government proposal moving forward. An AAP enables local governments to directly engage citizens about a proposed bylaw intended to undertake long-term borrowing, a boundary extension, establish a new regional district service or other matter requiring elector approval.

The alternative approval process requires that 10 percent or more of the eligible electors must sign and submit response forms in opposition to the proposed initiative to require the local government to obtain assent of the electors in order to proceed. When this happens the issue is considered significant and the local government has two choices. They may proceed to assent voting within 80 days, or they may put the matter on hold and consider alternatives to the proposed action.

Referendum

Assent voting (or referendum) allows electors to vote on whether a proposal would move forward or not. Assent of the electors is obtained if a majority of the votes counted are in favour of the bylaw or question. Assent voting is conducted under the rules that generally apply to local elections.

For certain matters, local governments are required to obtain approval of the electors or participating area approval before the municipal council or regional district board may proceed with its decision. Assent voting can be used as both a form of approval of the electors and participating area approval.

Assent voting is conducted in a similar manner to local government elections and can either be done at the same time as a general local election or by-election or on its own as a stand-alone vote.

Information

For specific questions or concerns about current initiatives, please contact Christy Malden, Manager of Legislative Services or call 250-492-0237.

Please check the column on the right for additional information, including:

  • Key dates
  • FAQ's
  • Documents
  • Important links



AAP Kaleden Parkland Acquisition Loan Authorization Bylaw - Sickle Point
A second electronic town hall has been scheduled on Wednesday, January 27, 2021 at 7pm.

Alternative Approval Process

The alternative approval process (AAP) is a form of approval that allows electors to indicate whether they are against a local government proposal moving forward. An AAP enables local governments to directly engage citizens about a proposed bylaw intended to undertake long-term borrowing, a boundary extension, establish a new regional district service or other matter requiring elector approval.

The alternative approval process requires that 10 percent or more of the eligible electors must sign and submit response forms in opposition to the proposed initiative to require the local government to obtain assent of the electors in order to proceed. When this happens the issue is considered significant and the local government has two choices. They may proceed to assent voting within 80 days, or they may put the matter on hold and consider alternatives to the proposed action.

Referendum

Assent voting (or referendum) allows electors to vote on whether a proposal would move forward or not. Assent of the electors is obtained if a majority of the votes counted are in favour of the bylaw or question. Assent voting is conducted under the rules that generally apply to local elections.

For certain matters, local governments are required to obtain approval of the electors or participating area approval before the municipal council or regional district board may proceed with its decision. Assent voting can be used as both a form of approval of the electors and participating area approval.

Assent voting is conducted in a similar manner to local government elections and can either be done at the same time as a general local election or by-election or on its own as a stand-alone vote.

Information

For specific questions or concerns about current initiatives, please contact Christy Malden, Manager of Legislative Services or call 250-492-0237.

Please check the column on the right for additional information, including:

  • Key dates
  • FAQ's
  • Documents
  • Important links



The following is a list of Webex messenger questions received during the January 13, 2021 electronic town hall:

Has any government agency previously owned Sickle Point? Not that the RDOS is aware of.

How did you set the service area? Why not a larger group set for the service area? The Kaleden Parks and Recreation Service Area was originally established based on the citizens who benefit from the services. Properties in the service area include the communities of Kaleden, Twin Lakes and St. Andrews. The community of Apex is not included in the service area. The Kaleden Parks and Recreation Service Area was determined to be the best option to purchase Sickle Point and administer uses, going forward. 

Is there a running total of the Elector Response Forms submitted to date? Information about Elector Response Forms submitted to the RDOS is not available as it may impact the results of the alternative approval process. This information is not to be made available to the public as part of the Local Government Act. The Board of Directors will be advised of the results at the close of the process, and then the public will be informed shortly after, using the same communication methods as have been used to advertise the process such as RDOS Regional Connections, Facebook and CivicReady. A report will be submitted the RDOS Board of Directors at the February 18, 2021 Board meeting, recommending next actions.

What is the fundraising cut-off date before the mortgage amount is finalized? Collection of donations can be accepted and used to reduce the borrowing before the funds would be required to pay for the property. That date has not yet been established. 

What does the current zoning allow for? Sickle Point is currently zoned Residential Single Family One (RS1) and this allows for only “single detached dwelling” as the principle permitted use and establishes a minimum parcel size for subdivision of 500 m2 subject to being connected to a community water system and community sewer system. NOTE: there are a number of secondary uses permitted including accessory dwelling, secondary suite, bed and breakfast operation, care centre; minor accessory to single detached dwelling, and accessory buildings and structures.

If Sickle Point is purchased by the RDOS, can a conservation covenant be place on the property? The RDOS may not legally place a covenant on their own property.

If the alternative approval process does not support the purchase of Sickle Point, what happens next? If 10% percent (182) or more of the eligible electors object to the adoption of the bylaw, the RDOS Board of Directors cannot adopt the bylaw without going to a referendum.

If the RDOS purchases Sickle Point, how will the property be managed regarding bylaw concerns such as camping or noise complaints? Camping is currently not a permitted use under the zoning of this property and can be enforced upon receipt of a written complaint. Noise complaints can also be investigated and enforced upon receipt of a written complaint. If the Regional District is successful in purchasing Sickle Point for the community, uses for the property will be explored by the Regional District, the Penticton Indian Band and the communities within the service area.

Is provincial or federal funding available to purchase Sickle Point? The RDOS is not aware of grants that would qualify for the purchase of the Sickle Point property.


Ask your question about the alternative approval process (AAP) or referendum. Please specify which Electoral Area your question is about. Your question will be answered shortly.

loader image
Didn't receive confirmation?
Seems like you are already registered, please provide the password. Forgot your password? Create a new one now.
  • Share on Facebook Share on Twitter Share on Linkedin Email this link

    Electoral Area I Can Bylaw 2914 be adopted, before the AAP and or Referendum is complete? Is an opposition vote against Bylaw 2915 also considered a vote against Bylaw 2914?

    Walker2 asked 1 day ago

    Bylaw 2914 cannot be adopted before the AAP is complete. Bylaw 2914 is the proposed service establishment (debt repayment), based on Bylaw 2915, which is the proposed loan authorization. Bylaw 2915 will not go before the Board again until after the AAP is complete. 

    An opposition opposition vote against Bylaw 2915 is not considered a vote against Bylaw 2914. If the Board resolves not to move forward with Bylaw 2915, they would have the following options:

    • abandon Bylaw 2914;
    • amend bylaw 2914 in some way, such as reducing the requisition limit;
    • adopt the bylaw as is.
  • Share on Facebook Share on Twitter Share on Linkedin Email this link

    The Penticton Western News had a front page story about Kaleden and Sickle Point in the Wednesday Jan 13th copy of the Penticton Western News. The article states that “Opposing electors can submit a response form, available from the RDOS website at rdosregionalconnections.ca/aap or the RDOS office, to the RDOS via mail, fax or email before Feb. 8 at 4:30 p.m.” Information provided by the RDOS states that “All Elector Response Forms must be received by the Regional District on or before 4:30 p.m. on Monday February 8, 2021 to be considered. No faxed or emailed elector response forms will be accepted; must be original signatures.” My question to staff is what are you going to do when you receive Elector Response Forms that are faxed or emailed now that the Penticton Western Newspaper has told electors that they can submit a response form this way? Are they going to be counted or are they going to be thrown out? I'm confused. Maybe you do accept them now faxed or emailed?

    Denis asked 8 days ago

    Any resident who sends an Elector Response Form via fax or email will be informed of the correct process and provided an opportunity to submit the original document. The Penticton Western will publish a correction online and in print. 

    Registering opposition to the proposed initiatives must be submitted in writing using ONLY the designated Elector Response Form.

    Any or all other opposition petitions will not be accepted.

    Elector Response Forms must be submitted with original signatures and meet the following conditions:

    Only eligible electors of the participating area are entitled to sign the form;

    Eligible electors state their full name and address

    If applicable, a non-resident property owner must state the address of the property within the participating area; and

    The form must be received by the Manager of Legislative Services prior to the deadline of Monday, February 8, 2021 at 4:30 pm.

    Please visit this link for more information about the Alternative Approval Process: https://www.rdos.bc.ca/newsandevents/assent-voting/alternative-approval-process/


  • Share on Facebook Share on Twitter Share on Linkedin Email this link

    Has archeology been at the front for our first nations burial sites at this property

    Sweepguy55 asked 9 days ago

    The RDOS isn't currently aware of archaeological mapping or provincially listed sites at Sickle Point.


  • Share on Facebook Share on Twitter Share on Linkedin Email this link

    If Sickle Point is acquired by RDOS can a "conservation covenant" be registered on the property title to ensure the property is conserved permanently.

    Robert Lincoln asked 6 days ago

    The RDOS may not legally place a covenant on their own property.