Proclamation [R.A., s. 3(1), 3(3)]

• Where the Governor in Council considers that it is in the public interest to obtain the opinion of electors on any question relating to the Constitution of Canada, the Governor in Council may, by proclamation, direct that the opinion of electors be obtained by putting the question to the electors of Canada or of one or more provinces specified in the proclamation at a referendum called for that purpose.

• A referendum question must be so worded that each elector may express an opinion on the question by making a cross or other mark after the word "yes" or "no" on the ballot paper.

Approval of question [R.A., s. 5(1)-(2), 5(4), 5(6)-(8)]

• A member of the Queen's Privy Council for Canada may give notice of a motion for the approval of the text of a referendum question.

• The Leader of the Opposition and the leader of each political party having a recognized membership of 12 or more persons in the House of Commons must be provided with, and be consulted about, the proposed text of a referendum question at least three days before notice of the motion for approval of the text is given.

• The motion must be moved and considered by the House of Commons on the next sitting day of the House following the day on which notice of the motion was given.

• If the motion is adopted by the House of Commons, with or without amendment, a message must be sent from that House informing the Senate that the motion has been so adopted and requesting that the motion be concurred in by the Senate. Such a motion must be dealt with by the Senate in the same manner as in the House of Commons.

• If the motion is amended by the Senate, the motion in the House of Commons to concur in the amendment must be moved and disposed of on the next sitting day of the House following the day on which the message of the amendment was received by the House, and any further amendment by the House must be similarly dealt with in the Senate.

Effect

• The results of a referendum conducted under this Act are not binding on Parliament.

Cancellation [R.A., s. 6(5)-(6)]

• Writs of referendum may not be issued during a general election nor may they be dated on a day later than the 36th day before polling day at the referendum.

• Where writs of election at a general election are issued during the referendum period, the writs of referendum must be deemed to be withdrawn on the day on which the writs of election are issued.

Proclamation [E.A., s. 217(1), 218]

• Where it appears to the Lieutenant-Governor in Council that an expression of opinion of the electors is desirable on a matter of public concern, the Lieutenant-Governor in Council may direct that a plebiscite or referendum be held to obtain the expression of opinion.

• Where the Lieutenant-Governor in Council decides to hold a plebiscite or referendum on a question relating to the Constitution of Canada or relating to or arising out of a possible change thereto, the plebiscite or referendum may be held in conjunction with a plebiscite or referendum held by the government of Canada.

Approval of question

• N/A

Effect

• The result of a referendum conducted under this Act is not binding on the House of Assembly.

Cancellation [E.A., s. 220]

• The Lieutenant-Governor in Council may, at any time before the day on which the plebiscite or referendum is to be held, cancel the plebiscite or referendum.

Proclamation [P.A., s. 1(1)-(2), 2(2)]

• The Lieutenant Governor in Council may from time to time direct that a provincial plebiscite be had and taken to ascertain the approval or otherwise by a majority of persons qualified to vote thereat, of any Act of the Legislature or any part thereof, or of any order in council made pursuant to any such enactment, or on any question of enforcement of any such enactment.

• Where it appears to the Lieutenant Governor in Council that an expression of opinion of the voters is desirable on any matter of public concern, the Lieutenant Governor in Council may direct that a plebiscite on that matter be conducted.

• Where the question or questions relate to or affect only a limited economic group or class or to limited groups or classes, the order in council may limit the vote to such limited groups or classes and in such case must determine the qualifications of the voters entitled to vote thereunder.

Approval of question

• N/A

Effect

• The results of a referendum conducted under this Act are not binding on the Legislative Assembly.

Cancellation

• N/A

Proclamation [L.C.A., s. 43(1), 43(5), 49(2)] [L.P.R., s. 6]

• When the Nova Scotia Liquor Corporation and the Alcohol and Gaming Authority receives:

  • a copy of a resolution of the council of a municipality; or

  • a petition of at least 20 percent of the resident electors of a municipality;
  
  requesting that a vote of the resident electors of the municipality be taken on the question of the operation by the Corporation of a store for the sale of liquor in the municipality, or the Authority for the sale of liquor on licensed premises, the Corporation or Authority may take a vote of those electors.

• The ballot paper must contain the following words:

  • "Are you in favour of the sale of liquor in your (municipality, town, city, as the case may be) by the Nova Scotia Liquor Corporation in accordance with the Liquor Control Act? Yes � No �"; or

  • "Are you in favour of the sale of liquor on premises licensed by the Alcohol and Gaming Authority?".

• A plebiscite must be commenced by the issuance of a letter from the Administrator to a returning officer.

Approval of question

• N/A

Effect [L.C.A., s. 46(1), 49(4), 49(6)]

• The results of a plebiscite conducted under this Act are binding on the Nova Scotia Liquor Corporation and the Alcohol and Gaming Authority.

• Where a majority of electors:

  • vote or have voted in the affirmative:

    • the Corporation may sell liquor in the municipality in such manner and at such prices as the Corporation by regulation prescribes and at such places as the Corporation deems advisable;

    • the Authority may license premises for the sale of liquor.

  • vote, or have voted in the negative:

    • the Corporation must not establish a store for the sale of liquor in the municipality;

    • the Authority must not consider an application for or grant or renew any tavern license, beverage room license, cabaret license or lounge license in respect of premises situated in the licensing area nor consider, grant or renew a club license in respect of a club situated in the licensing area;

    • a further vote cannot be held unless three years have elapsed from the date of the last plebiscite.

Cancellation [L.P.R., s. 7(a)]

• If the Administrator considers it impossible to hold a plebiscite on the day mentioned in the letter instituting the plebiscite, the Administrator may order the withdrawal of the letter.

Proclamation [E.A., s. 129(1)-(2)]

• The Lieutenant-Governor in Council may, by proclamation issued not later than the date of an order in council commencing a general election, order the taking of a plebiscite for the purpose of submitting a question or questions to the electors of the province at the same time as the general election.

• The proclamation must state fully the question to be submitted at the plebiscite in the same words and form as it will appear on the ballot paper.

Approval of question

• N/A

Effect

• The results of a referendum conducted under this Act are not binding on the Legislative Assembly.

Cancellation

• N/A

Proclamation [R.A., s. 7, 10]

• The government may order that the electors be consulted by referendum:

  • on a question approved by the National Assembly; or

  • on a bill adopted by the National Assembly, so long as the bill contains, at the time of being tabled, a provision to that effect, as well as the text of the question submitted for the referendum. As soon as the National Assembly is informed of the question or bill contemplated, the Secretary General of the National Assembly must notify the Chief Electoral Officer thereof in writing.

Approval of question [R.A., s. 8]

• On a motion of the Prime Minister, the National Assembly may adopt the text of a question which is to be the subject of a referendum. The debate on this motion is business having precedence over any other question, except the debate on the Opening Speech of the session.

Effect

• The results of a referendum conducted under this Act are not binding on the National Assembly.

Cancellation [R.A., s. 14-15]

• No writ instituting the holding of a referendum may be issued before the 18th day following the day on which the National Assembly was informed of the question or bill.

• From the time a writ instituting the holding of a general election is issued, every writ instituting the holding of a referendum becomes void and no writ may be issued before the general election is held.

Proclamation [T.P.A., s. 10(1), 2(1)-(4), 3(1)-(2)]

• The Lieutenant Governor in Council may issue a writ of referendum.

• A member of the Executive Council must not include in a bill a provision that increases, or permits the increase of, a tax rate under a designated tax statute or that establishes a new tax unless a referendum concerning the increase or the new tax is held before the bill is introduced in the Assembly and the referendum authorizes the increase or the new tax.

• The Minister of Finance must not make a regulation under the Education Act that increases the average tax rate for school purposes in Ontario unless a referendum concerning the increase is held before the regulation is made and the referendum authorizes the increase.

• The Minister of Finance must not requisition amounts under the Education Act that will increase the average tax rate for school purposes in Ontario unless a referendum concerning the increase in the tax rate is held before the increased amount is requisitioned and the referendum authorizes the increase.

• The Minister of Finance must not make a regulation under the Provincial Land Tax Act that increases the average annual tax rate imposed under that Act unless a referendum concerning the increase is held under the Act before the regulation is made and the referendum authorizes the increase.

• A member of the Executive Council must not include in a bill a provision that gives a person or body (other than the Crown) the authority to change a tax rate in a designated tax statute or to levy a new tax unless a referendum concerning the authority that is to be given to the person or body is held before the bill is introduced in the Assembly and the referendum authorizes the authority to be given to the person or body.

• A member of the Executive Council must not include in a bill a provision that gives a person or body (other than the Crown or a member of the Executive Council) the authority to determine the tax rate for school purposes or the amount to be levied as tax for school purposes unless a referendum concerning the authority that is to be given to the person or body is held before the bill is introduced in the Assembly and the referendum authorizes the authority to be given to the person or body.
  

Approval of question [T.P.A., s. 8(1), 6(1), 7]

• The Lieutenant Governor in Council must determine the wording of a referendum question.

• A referendum question must be clear, concise and impartial in its wording and must be capable of being answered in the affirmative or the negative.

• The Executive Council must give a proposed referendum question to the Chief Election Officer for his or her review.

• The Chief Election Officer must advise the Executive Council whether, in his or her opinion, the proposed question complies with a clear, concise and unambiguous description of the proposed increase, the proposed new tax or the proposal to give an authority to tax, and in the case that the statement refers to a proposed increase or new tax, the question must also set out the increase in annual revenues that the leader expects to result from the proposed increase or new tax and he or she may also suggest changes to a proposed question.

Effect [T.P.A., s. 9]

• A referendum authorizes the action described in the referendum question if more than 50 percent of votes cast in the referendum are cast in favour of the action.

• A referendum must not be interpreted to require the Executive Council of a subsequent government formed by another party to increase taxes, establish a new tax or give the authority to tax as described in the referendum question.

Cancellation

• N/A

Proclamation [B.B.A., s. 10(1)] [M.H.A., s. 15.3(1)]

• The government must not present to the Legislative Assembly a bill to increase the rate of any tax imposed by an Act or part of an Act listed below, unless the government first puts the question of the advisability of proceeding with such a bill to the voters of Manitoba in a referendum, and a majority of the persons who vote in the referendum authorize the government to proceed with the changes:

  • The Health and Post Secondary Education Tax Levy Act;

  • The Income Tax Act;

  • The Retail Sales Tax Act;

  • Part I of The Revenue Act.

• The government must not present to the Legislative Assembly a bill to authorize or effect a privatization of Manitoba Hydro unless the government first puts the question of the advisability of the privatization to the voters of Manitoba in a referendum.

Approval of question [M.H.A., s. 15.3(3)]

• The question to be put to voters in a referendum must be determined by order of the Lieutenant Governor in Council at the commencement of the referendum process.

Effect [B.B.A., s. 10(1)] [M.H.A., s. 15.3(1)]

• The results of a referendum conducted under the Balanced Budget Act are binding on the Legislative Assembly.

• Manitoba Hydro may be privatized if the privatization is approved by a majority of the votes cast in the referendum.

Cancellation [M.H.A., s. 15.4(1)]

• Any bill introduced in the Legislative Assembly to amend, repeal, override or suspend a referendum under the Manitoba Hydro Act must be referred at the committee stage to a standing committee of the Legislative Assembly which provides the opportunity for representations by members of the public.

Proclamation [R.P.A., s. 3(1)-(2), 6(2)-(4), 7(1)-(2), 7(4)] [T.A., s. 10(1)-(2), 28]

Referendum


• Where the Lieutenant Governor in Council considers that an expression of public opinion is desirable on any matter of public interest or concern, the Lieutenant Governor in Council may order that a referendum be conducted.

• The order is to state the question or questions that are to be put to the electors on the referendum and specify a day, not less than 29 days after the day of the order, on which the referendum is to be conducted.

Plebiscite


• Where the Lieutenant Governor in Council considers that an expression of public opinion is desirable on any matter of public interest or concern, the Lieutenant Governor in Council may order that a plebiscite be conducted.

• The Assembly, on a resolution of a member of the Assembly approving a question to be put to electors on a plebiscite, may direct that a plebiscite be conducted.

• Where the Lieutenant Governor in Council orders a plebiscite or the Assembly, by resolution, directs a plebiscite, the order or resolution is to: state the question or questions that are to be put to the electors on the plebiscite; and specify a day, not less than 29 days after the day of the order or resolution, on which the plebiscite is to be conducted.

• Where the Assembly directs a plebiscite, the Clerk of the Assembly must send a certified copy of the resolution to the Chief Electoral Officer for implementation.

• Where a petition that:

  • is in the prescribed form;

  • is signed by not less than 15 percent of the electors;

  • sets out the name and address of one of the petitioners who is an elector; and

  • requests that a question concerning a matter within the jurisdiction of the Government of Saskatchewan be put to electors on a plebiscite;

  is presented to the minister, the minister must direct that a plebiscite be conducted and immediately transmit the petition to the Chief Electoral Officer.

• Where the Chief Electoral Officer determines that at least 15 percent of the electors have signed the petition, he or she must return the petition to the minister who must then, by order, direct that the question set out in the petition be put to the electors on a plebiscite to be conducted on a day that:

  • is specified by the minister; and

  • is to be not more than 12 months from the date the Chief Electoral Officer returned the petition to the minister.

  Vote within a time option area

• When requested to do so:

  • by a resolution of the board of a school division situated within a time option area;

  • by a resolution of the board of a school division that is not situated within a time option area set forth in the Act;

  • by an order of the Minister of Municipal Government in respect of any area in northwestern Saskatchewan that is not in a school division; or

  • by an order of the Minister of Municipal Government in respect of a time option area established under the Act within which there is no school division;

  the Chief Electoral Officer must arrange for the taking of a vote in the time option area, school division or area as the case may require.

• A resolution or order requesting the taking of a vote:

• may be passed by the board or made by the Minister of Municipal Government, as the case may require, at any time;

• must be passed by the board or made by the Minister of Municipal Government, as the case may require, within 30 days after the day on which the board or Minister receives a petition signed by:

  • at least 25 percent of the total number of persons who on the date of the submission of the petition are of the age of 18 years or more; and are ordinarily resident in the time option area, school division or area in respect of which the vote is to be taken; or

  • at least 100 of the persons mentioned above;

  whichever is the lesser.

• Where a vote is taken in a time option area and the vote is not held invalid no further vote must be taken in that time option area under the Act unless a period of at least three years has expired since the taking of the latest vote.

Approval of question [R.P.A., s. 7(5), 7(8)]

Referendum
• N/A

  Plebiscite

• Where a plebiscite is the result of a petition and where the minister is of the opinion that a change in the wording of a question set out in a petition would more clearly express the intent of the petitioners, or a question set out in a petition concerns a matter that is not within the jurisdiction of the Government of Saskatchewan, the minister may apply to the court by notice of motion for an order.

• On such an application, the court may make an order: approving the wording of the question; changing the wording of the question to express more clearly the intent of the petitioners, or, where possible, to bring the question within the scope of the jurisdiction of the Government of Saskatchewan; or where the question concerns a matter that is not within the jurisdiction of the Government of Saskatchewan, directing that no plebiscite be conducted on the question.

  Vote within a time option area

• N/A

Effect [R.P.A., s. 4(1)-(2), 5] [T.A., s. 8(1)(b), 27]

Referendum
• If more than 60 percent of the ballots validly cast in a referendum vote the same way on a question stated, the result is binding on the government that initiated the referendum.

• No referendum is binding unless at least 50 percent of the electors who are entitled to vote in the referendum actually vote in the referendum.

• If the results of a referendum are binding, the government that initiated the referendum must, as soon as practicable, take any steps within the competence of the Government of Saskatchewan that it considers necessary or advisable to implement the results of the referendum, including any or all of the following: changing programs or policies, or introducing new programs or policies; and introducing a Bill in the Assembly during its first session after the results of the referendum are known.

  Plebiscite

• The results of a plebiscite conducted under this Act are not binding on the Legislative Assembly.

  Vote within a time option area

• The time to be used and observed in western Saskatchewan is decided upon by a majority of the electors of the time option area whose ballots are not rejected.

• Where a vote is not contested, the time decided upon by the vote must be used and observed on, from and after the commencement of the winter or summer period, as the case may require, next following the expiry of the period during which the vote could have been contested.

• Where a vote is contested and the vote is not adjudged invalid, the time decided upon by the vote must be used and observed on, from and after the commencement of the winter or summer period, as the case may require, next following the date of the order of the judge.

Cancellation

• N/A

Proclamation [C.R.A., s. 1, 5, 2(1), 3] [E.A., s. 125]

Referendum

• The Lieutenant Governor in Council may order that a referendum be held on any question relating to the Constitution of Canada or relating to or arising out of a possible change to the Constitution of Canada. Such a referendum may be held in conjunction with a general election under the Election Act, separately on a date provided for in the order, or in conjunction with the general elections under the Local Authorities Election Act.

• The Lieutenant Governor in Council must order the holding of a referendum before a resolution authorizing an amendment to the Constitution of Canada is voted upon by the Legislative Assembly.

• The question or questions to be put to the electors at a referendum must be determined by a resolution of the Legislative Assembly on the motion of a member of the Executive Council.

  Plebiscite

• The Lieutenant Governor in Council may by order give directions for the holding of a general plebiscite of electors when and as often as it appears to the Lieutenant Governor in Council expedient that an expression of opinion about the desirability of amending existing legislation, or introducing new legislation, relative to any subject-matter should be obtained from the electors.

Approval of question

• N/A

Effect [C.R.A., s. 4]

Referendum

• If a majority of the ballots validly cast at a referendum held under the Constitutional Referendum Act vote the same way on a question stated, the result is binding on the government that initiated the referendum. That government must, as soon as practicable, take any steps within the competence of the Government of Alberta that it considers necessary or advisable to implement the results of the referendum.

  Plebiscite

• The results of a plebiscite conducted under the Election Act are not binding on the Legislative Assembly.

Cancellation

• N/A

Proclamation [R.A., s. 1(1)-(2)] [C.A.A.A., s. 1] [E.A., s. 282(1)]

Referendum

• If the Lieutenant Governor in Council considers that an expression of public opinion is desirable on any matter of public interest or concern, the Lieutenant Governor in Council may, by regulation, order that a referendum be conducted.

• If the Lieutenant Governor in Council orders a referendum, the order must: state the question or questions that will be put to the electorate at the referendum; specify the date on which the referendum will be conducted; and designate the area of British Columbia within which the referendum will be held.

• The government must not introduce a motion for a resolution of the Legislative Assembly authorizing an amendment to the Constitution of Canada unless a referendum has first been conducted under the Referendum Act with respect to the subject matter of that resolution.

  Plebiscite

• The Lieutenant Governor in Council may direct the Chief Electoral Officer to conduct a plebiscite to determine the opinion of the voters in all or part of British Columbia on a matter of public concern specified by the Lieutenant Governor in Council.

Approval of question

• N/A

Effect [R.A., s. 4-5]

Referendum

• If more than 50 percent of the validly cast ballots vote the same way on a question stated, that result is binding on the government that initiated the referendum.

• If the results of a referendum are binding, the government must, as soon as practicable, take steps, within the competence of the government, that the government considers necessary or advisable to implement the results of the referendum, including any and all of the following:

  • changing programs or policies, or introducing new programs or policies, that are administered by or through the executive government;

  • introducing legislation in the Legislative Assembly during its first session after the results of such a referendum are known.

  Plebiscite

• The results of a plebiscite conducted under the Election Act are not binding on the Legislative Assembly.

Cancellation

• N/A

Proclamation [P.A., s. 1] [T.P.A., s. 8(1)]

• Whenever it appears to the Commissioner in Executive Council that an expression of opinion of the public is necessary or desirable on any matter, the Commissioner in Executive Council may direct by regulation that a plebiscite be held.

• Such a direction must not be made unless funds to pay for the cost have been appropriated.

• A bill to impose a new tax, or to increase the rate of tax imposed by the Income Tax Act or Fuel Oil Tax Act, must not be presented to the Legislative Assembly unless the government first puts the question of proceeding with such a bill to the electors of the Yukon in a referendum and the electors approve the imposition of the new tax or the increase in the rate of tax.

Approval of question [T.P.A., s. 8(5)(d)]

• The Commissioner in Executive Council may make regulations to establish the question(s) to be voted on in the referendum.

Effect [T.P.A., s. 8(6)]

• A referendum held under the Taxpayer Protection Act must be treated as approved by the electors unless 50 percent plus one of the electors named in the official list of electors for the referendum vote against proceeding with it.

• The results of a plebiscite conducted under the Plebiscite Act are not binding on the Legislative Assembly.

Cancellation

• N/A

Proclamation [P.A., s. 3(1)-(3)]

• The Commissioner may from time to time direct that a plebiscite be held on any question that, in the opinion of the Commissioner, is of importance to the Territories.

• A plebiscite direction must be by statutory instrument, which must: set out the form of the question or questions to be asked; set out the day for the holding of the plebiscite; and instruct the Chief Plebiscite Officer to issue a plebiscite proclamation.

• Where the Commissioner directs that a plebiscite be held, the Commissioner must ensure that a copy of the plebiscite direction is forwarded to the Legislative Assembly, in care of the Speaker, and if the Legislative Assembly is not in session, the Commissioner must ensure that a copy of the plebiscite direction is forwarded to all members of the Legislative Assembly by registered mail.

Approval of question

• N/A

Effect [P.A., s. 5]

• A plebiscite is only for the purpose of collecting information and the results of a plebiscite are not binding on the Legislative Assembly, its members, the Executive Council, the Commissioner, or the Government of the Northwest Territories or its employees.

Cancellation [P.A., s. 3(4)]

• Where the Commissioner decides that a plebiscite be held and is subsequently of the opinion that the question is no longer of importance to the Territories, whether or not a plebiscite proclamation has been issued, the Commissioner may withdraw the plebiscite direction and no plebiscite will be held.

Proclamation [P.A., s. 3(1)-(3)]

• The Commissioner may from time to time direct that a plebiscite be held on any question that, in the opinion of the Commissioner, is of importance to the Territory.

• A plebiscite direction must be by statutory instrument, which must: set out the form of the question or questions to be asked; set out the day for the holding of the plebiscite; and instruct the Chief Plebiscite Officer to issue a plebiscite proclamation.

• Where the Commissioner directs that a plebiscite be held, the Commissioner must ensure that a copy of the plebiscite direction is forwarded to the Legislative Assembly, in care of the Speaker, and if the Legislative Assembly is not in session, the Commissioner must ensure that a copy of the plebiscite direction is forwarded to all members of the Legislative Assembly by registered mail.

Approval of question

• N/A

Effect [P.A., s. 5]

• A plebiscite is only for the purpose of collecting information and the results of a plebiscite are not binding on the Legislative Assembly, its members, the Executive Council, the Commissioner, or the Government of Nunavut or its employees.

Cancellation [P.A., s. 3(4)]

• Where the Commissioner decides that a plebiscite be held and is subsequently of the opinion that the question is no longer of importance to the Territory, whether or not a plebiscite proclamation has been issued, the Commissioner may withdraw the plebiscite direction and no plebiscite will be held.