Whereas the Alternative Approval Process as a means to obtain approval of the electors as outlined in Section 86 of the Community Charter is lacking clarity as it relates to public notice requirements stated in Section 94.2; And whereas the document Alternative Approval Process: A Guide for Local Governments in British Columbia states that local governments may choose to allow electors to submit response forms by e-mail or by fax but provides no clear process or guidelines though noting that these electronic response forms are not covered by provincial legislation: Therefore be it resolved that UBCM ask that the Province of British Columbia amend the legislation in the Community Charter pertaining to Alternative Approval Processes to clarify: 1. how Section 94.2 interacts with Section 86 in terms of publication of the first and second notice; 2. the timing as to whether a local government can receive a completed elector response form before the second publication; and 3. clear requirements for accepting elector response forms electronically including: a. acceptable methods of receipt; b. whether electronic elector response forms require an original copy to be submitted with the original signature; and c. if electronic elector response forms are received and an original copy is required if the original copy must also be received before the deadline.
Ministry of Housing and Municipal Affairs The Province is not considering amending the Alternative Approval Process AAP legislation at this time. An AAP is not a vote and, as such, is not subject to the same legislative rules as required for elections or assent voting. The AAP legislation gives local governments the flexibility to develop their own procedures in a manner that best suits their community, while keeping within an overall legislative framework. Councilsboards are responsible for determining the method of acceptable elector response forms and can do so in the manner that best balances their capacity and community expectations. It is recommended that local governments adopt an AAP policy so that procedures are consistently applied and understood by staff and electors. As most of the province now has access to reliable internet and most British Columbians use email and expect to have online options, many local governments are choosing to allow emailed elector response forms. The ministry has developed resources to support local governments when making decisions related to an AAP, including the Alternative Approval Process webpage, the Alternative Approval Process: A Guide for Local Governments in BC, and the Public Notice Guidance Materials: For BC Local Governments.