An Alternative Approval Process (AAP) is a provincially legislated form of approval that allows electors to indicate whether they are against a local government proposed bylaw moving forward. Electors can voice their opposition by submitting a completed elector response form to the RDKB. If 10% of eligible electors complete and submit the form, the AAP has not obtained elector approval and the local government must proceed with a referendum (assent voting) before proceeding with the proposal.
An alternative approval process (AAP) enables local governments to directly engage citizens about a proposed bylaw that may include the following:
- Loan authorization bylaws (long-term borrowing)
- Disposal of certain utilities other than water or sewage systems
- Exchanges or other disposal of parkland
- Heritage property tax exemptions lasting two to ten years
- Riparian property tax exemptions lasting two to ten years
- Service establishing bylaws when certain legislative requirements are met
- or other matters requiring elector approval.
If you support the proposal, no action is required.
Click here to read more about the Province of British Columbia’s Alternative Approval Process for local governments.
FAQs
How does an AAP work?
1. Proposed Bylaw: At an RDKB Board meeting, the Board gives third reading to the proposed bylaw that needs participating area approval and at that time decides to use an Alternative Approval Process (AAP).
2. Inspector of Municipalities Approval: The proposed bylaw, at third reading, must be given approval by the Inspector of Municipalities before the AAP can take place.
3. Public Notice: Information about the proposed bylaw is shared using public notices.
4. Response Period and Elector Response Form: Electors of the participating area have a set period of at least 30 days to respond if they oppose the proposed bylaw. They do this by signing an elector response form.
5. Threshold: If 10% or more of the eligible electors submitted a completed Elector Response Form by the deadline, the RDKB may hold an assent vote (referendum) or reconsider the proposal.
6. Approval: If fewer than 10% of eligible electors oppose the proposed bylaw, it is considered approved. The results of the AAP are certified by the Corporate Officer and the matter is brought before the RDKB Board at their next regular meeting to adopt the bylaw.
Why have an AAP instead of Assent Voting (Referendum)?
An AAP is less costly and requires fewer resources than a referendum. It gives electors the most flexibility to participate by submitting a completed elector response form over a period of at least 30 days.
How are residents notified of AAPs?
A notice must be published at least 30 days before the voting submission deadline. The RDKB follows the legislative requirements for public notices in accordance with the Local Government Act, Community Charter and the RDKB Public Notice Bylaw. Notice is published one time in a print publication and one time on the RDKB website under Public Notices.
Notices will also be placed on the public notice board at the Regional District offices, posted on the RDKB’s elections webpage and posted on a Join the Conversation page through the RDKB’s website.
Depending on the subject matter of the AAP, there may be additional newspaper ads, public open houses, press releases, and household mailers.
What information does an AAP notice provide?
- A general description of the proposed bylaw, agreement, or other matter.
- The participating area to which the approval applies.
- The deadline for elector response forms to be received.
- A statement that the council or board may proceed with the matter unless 10 percent of the electors in the area indicate the council or board must obtain the assent of the electors before proceeding.
- A statement that elector responses must be in the form established by the board, that the elector response forms are available at the regional district office, and only electors of the participating area to which approval applies are entitled to sign the forms.
- The number of elector response forms required to meet the 10 percent threshold.
- A synopsis of the bylaw that describes the intent of the bylaws, the proposed service area, and the date, time, and place for the public inspection of copies of the bylaw.
Who is eligible to participate in an AAP?
Resident Electors and Non-Resident Property Electors are eligible to participate in an AAP.
A Resident Property Elector is an individual who is qualified to vote in a jurisdiction by living (residing) in the service area or boundary.
When signing an elector response form during an AAP, a resident elector must:
- Be 18 years of age or older
- Be a Canadian citizen
- Have been a resident of British Columbia for at least six months
- Be a resident of the jurisdiction (e.g., municipality or electoral area) where the AAP is being conducted
- Live in the area defined for the AAP
- Not be disqualified under the Local Government Act, or any other enactment, from voting in a local election or be otherwise disqualified by law. [Community Charter, section 86(2)(e)(iii) and section 86(5); Local Government Act, section 65]
A Non-Resident Property Elector is an individual who does not live (does not reside) in the service area or boundary but is entitled to vote by owning real property in the service area or boundary.
When signing an elector response form during an AAP, a non-resident property elector must:
- Be 18 years of age or older
- Be a Canadian citizen
- Have been a resident of British Columbia for at least six months
- Have owned property in the jurisdiction (e.g., municipality or electoral area) for at least 30 days
- Own property in the area defined for the AAP
- Not be disqualified under the Local Government Act, or any other enactment, from voting in a local election or be otherwise disqualified by law. [Community Charter, section 86(2)(e)(iii) and section 86(5); Local Government Act, section 66]
Only one owner can sign the Elector Response Form when a property is owned by more than one registered owner. That owner must have the written consent of a majority of the other property owners to sign the response form.
Where a property is owned in whole or in part by a corporation, no one is eligible to sign an Elector Response Form in relation to that property. [Local Government Act, section 66]
If there is more than one person residing in a household, can each person submit an Elector Response Form?
Yes, but only if each person meets the requirements to participate in an AAP (see details above).
I own property under/with a corporation. Can I submit a form?
No. There is no business or corporate vote in British Columbia. This applies even when the property is partially owned by an individual who is otherwise eligible to submit an elector response form.
Can I vote for every property I own in the RDKB?
For an AAP you may only vote once, either as a Resident Elector OR as a Non-Resident Property Elector.
For a regional AAP you may vote only once regardless of how many properties you own.
When an AAP is conducted separately in each electoral area, a Non-Resident Property Elector may vote once in each electoral area they own property.
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.
I’m opposed to the proposed bylaw; what do I need to do?
If you are opposed to the adoption of the bylaw, complete and submit the Elector Response Form and return it to the Corporate Officer within the 30-day period.
Where can I obtain an AAP Elector Response Form?
AAP Elector Response Forms are available during an active AAP at the Regional District of Kootenay Boundary, 202 – 843 Rossland Avenue, Trail, BC during regular business hours 8:00 am to 4:30 pm Monday to Friday, excluding statutory holidays or online (see above).
How do I submit my Elector Response Form?
Completed forms must be received by the Corporate Officer on or before the deadline, and can be submitted by mail or hand delivery to:
Regional District of Kootenay Boundary
202 – 843 Rossland Avenue, Trail, BC V1R 4S8
Emailed Elector Response Forms can be sent to corporate@rdkb.com. No faxed forms will be accepted.
Can I withdraw my elector response form after I have submitted it?
Yes. You can contact the Corporate Officer before the deadline to request your form be returned. You can no longer withdraw your form once the AAP deadline has passed.
What happens with my Elector Response Form?
Once the completed AAP Elector Response Forms are delivered to the Regional District and received by the Corporate Officer, they are date-stamped and held in a locked vault while the process is ongoing. The number of responses received is not made public during the process.
Once the deadline has passed, the responses are validated, and the Corporate Officer forwards a "Certificate of Sufficiency" report to the Board of Directors, in which the total number of valid responses received is given. If the total is at least 10 per cent of the estimated number of electors, the Board of Directors is not permitted to proceed with the matter unless it is approved by the electorate through a referendum.
Can anyone access the submitted elector response forms?
Only the Corporate Officer and their designate(s) may review forms during an AAP. The Corporate Officer is responsible for the safe keeping of the elector response forms during and after an AAP. The RDKB must retain elector response forms as per requirements established in the Freedom of Information and Protection of Privacy Act once the AAP has been completed.