| I. Referendums, Plebiscites, Recall and Initiative | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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In each jurisdiction, the Office of the Chief Electoral Officer
administers all referendums and plebiscites. In Nova Scotia, the Office of
the Chief Electoral Officer conducts plebiscites under the Liquor Control
Act to authorize the sale of liquor in the plebiscite area on behalf of
the Nova Scotia Liquor Corporation and the Alcohol and Gaming Authority. In most cases, referendums or plebiscites can be held on
any issue deemed to be of public concern. However, several jurisdictions specify
the subject matter of any referendum or plebiscite that may be held. Federally,
a referendum may be held only on constitutional issues. Nova Scotians may
vote only on the sale of liquor, while electors in Ontario may only vote in
a referendum to authorize an increase in the rate of taxation in the province.
Manitobans must vote in a referendum to authorize the government to proceed
with a tax increase or to privatize Manitoba Hydro. In Saskatchewan, a referendum
or plebiscite may be held on any issue, and a public vote may be held in specific
areas to determine the standard time to be used in that area (called a time
option vote). In Alberta and British Columbia, a plebiscite may be held on
any matter of public concern, but a referendum must be held before the respective
governments may proceed with an amendment to the Constitution of Canada. Similarly,
the government of Yukon may only initiate an increase in the rate of taxation
after conducting a referendum, but it may hold a plebiscite on any issue.
In all other jurisdictions, a referendum or plebiscite may be held on any
issue. Most referendums or plebiscites are proclaimed by the Lieutenant Governor in Council, Commissioner or Commissioner in Executive Council, as the case may be. However, in Nova Scotia, plebiscites are held when either the Chief Electoral Officer or the Alcohol and Gaming Authority is satisfied that the request for a vote has been made in accordance with the Liquor Control Act. Saskatchewan is the only other jurisdiction in which a plebiscite may be instigated by a petition. There, a plebiscite may be proclaimed by the Lieutenant Governor in Council, by the Legislative Assembly as a whole, or by a minister of the Crown upon receipt of a petition signed by 15 percent of the electors in Saskatchewan. A time option vote may also be initiated by a petition. As a rule, referendums and plebiscites may be proclaimed at any time. However, a plebiscite in New Brunswick must be conducted in conjunction with a provincial general election, whereas in Quebec and federally, a referendum is cancelled if the writ for an election is issued during the referendum period. In half of Canadian jurisdictions, the results of referendums and plebiscites are not binding. In other words, governments are not required to act on the results of a referendum or plebiscite. However, in Nova Scotia, the Nova Scotia Liquor Corporation and the Alcohol and Gaming Authority must respect the outcome of a plebiscite, as must the governments of Ontario, Manitoba and Yukon of a referendum on an increase in the taxation rate. In Alberta and British Columbia, only the results of a referendum are binding; the results of a plebiscite are not. In most cases where a referendum or plebiscite is binding, the outcome must be endorsed by a simple majority (50 percent + 1). However, a referendum or plebiscite is binding on the government of Saskatchewan only when more than 60 percent of electors vote in favour of a particular option and more than 50 percent of electors actually cast ballots (a time option area vote, however, is binding if endorsed by a simple majority of electors). In addition, if any referendum concerns the separation of a province, the federal government, under the Clarity Act, must determine that the question presented in the referendum was clear and unambiguous before entering into negotiations on secession with the province in question. Referendum committees exist only in Quebec and at the federal level. However, Ontario requires an individual or group campaigning or advertising in favour of a particular option to apply for registration with the Chief Election Officer if the person or group spends more than $1,000. In Quebec, members of the National Assembly must register their choice of option with the Chief Electoral Officer within five days of the adoption by the National Assembly of the question, thus forming the committees in favour of each option. If no members of the Assembly come forward, the Chief Electoral Officer may invite up to 20 electors to register to form a committee. Since 1980, there have been only two referendum committees in Quebec, one for each option (i.e. the Yes option and the No option). There could be more than two committees if there were more than two options. Moreover, private intervenors (a neutral intervenor or non-affiliated elector), after obtaining the Chief Electoral Officer's authorization, may spend up to $1,000 in advertising. Federally, there is no limit on the amount an individual or group may contribute to a referendum committee. However, no committee is permitted to spend more than $0.30 x the number of names on the preliminary list of electors in the areas where the committee has indicated it will be active. In Quebec, the National Assembly must give each referendum committee an equal subsidy for its referendum fund. All expenses related to the referendum must be paid out of this fund. Contributions may be made only to the fund and no elector may contribute more than $3,000. Expenses must not exceed $1.00 per elector. In Ontario, no person may contribute more than $7,500 in total to campaign organizers who are promoting the same result in a referendum. Expenses for such campaign organizers are limited to $0.60 x the number of electors in the electoral district where the organizer is registered. The reporting requirements for referendum committees in all three jurisdictions (Canada, Quebec and Ontario) are similar to the reporting requirements during general elections. Federally, each network broadcaster that broadcasts in the
same language as the mother tongue of the majority of its listeners and is
licensed for more than a particular series of programs or type of programming
must provide a total of three hours to all registered referendum committees
that have indicated they would like to receive broadcasting time. The time
is then allocated by the Broadcasting Arbitrator, who must take into consideration
the regional and national interests of the various committees and the different
views on the referendum question. A blackout period is enforced federally and in Quebec and Ontario. In Canada, the blackout period applies only on polling day and extends until the close of all polling stations in an electoral district. In Quebec, no referendum-related broadcasting may take place in the seven days following the referendum order or on polling day. In Ontario, the blackout period lasts from the time of the issue of the writ until the 22nd day before polling day and again throughout polling day and the day immediately preceding it. Recall and initiative British Columbia is the only Canadian jurisdiction that has provisions for recall and initiative. Recall is the process whereby an elector may petition other electors in the electoral district for the removal of their elected member of the provincial legislature between elections. A member cannot be subject to a recall petition within the first 18 months after his or her election. A recall proponent must obtain an application from the Chief Electoral Officer, as well as provide a statement of no more than 200 words explaining why, in the proponent's opinion, the member should be recalled. If the Chief Electoral Officer approves, a proponent has 60 days to gather signatures from 40 percent of those on the list of electors for that electoral district in the last election who are currently registered to vote. For example, if there were 30,000 registered electors in the district at the last election, a proponent would be required to gather the signatures of 12,000 electors who were registered at the last election and are currently registered. The proponent must submit all completed petition sheets to the Chief Electoral Officer for verification. If the Chief Electoral Officer determines that enough signatures have been gathered and all financial provisions have been met, the member may no longer hold his or her seat in the legislature, and a by-election must be held. The recalled member may stand as a candidate in the by-election. Only one recall-related by-election is permitted in any electoral district between each general election. Initiative is a process whereby an elector may petition other
electors for the introduction of new laws, or changes to existing laws, on
any matter within the jurisdiction of the provincial legislature. A registered
voter must obtain an application from the Chief Electoral Officer, as well
as provide a copy of the draft bill to be considered. A petition must receive
the signatures of 10 percent of the electors in each electoral district in
the province within 90 days. The Chief Electoral Officer then has 42 days
to verify the signatures, whereupon the initiative must be presented to a
select standing committee of the legislature. The select standing committee
may either table a report recommending introduction of the draft bill or refer
it to the Chief Electoral Officer to be put to the electorate in an initiative
vote. In that vote, 50 percent + 1 of the electors from two thirds of all
electoral districts must vote in favour of the initiative for it to pass.
If the initiative passes the vote, the government must take steps to implement
the bill. The
British Columbia Recall and Initiative Act establishes financing and
advertising regimes for each of these processes. Proponents of initiative
and recall petitions are subject to spending limits, as are elected members
in the case of recall. There are also restrictions on contributions, advertising
and opinion polls. Typically, these provisions mirror related provisions for
a general election. The Recall and Initiative Act makes reference to
the relevant sections of the Election Act to determine spending limits
and other financial provisions. 1 British Columbia also has a Recall and Initiative Act, which allows citizens to petition to remove their elected member or to introduce or change legislation (see "Recall and initiative" on next page).
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Table I.1 Proclamation, question and conditions | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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| Table I.2 Referendum/Plebiscite process | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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