*** UPDATE - February 12, 2024 ***

At a special council meeting held on Monday, February 12, City Council made the decision to cancel the current Alternative Approval Process (AAP), abandon the Nanaimo Operations Centre Phase One Borrowing Bylaw 2023 No. 7362, and direct staff to return to Council at a later date with options to fund the project. The decision comes after it was determined that an error had occurred at the start of the current AAP.

In a news release last week, the City indicated an error was identified where response forms were not made available upon notice of the AAP. City staff have reviewed the process, sought legal advice and have concluded that due to the response forms not being made available on the initial day of AAP notice (January 17, 2024), the requirements in the legislation have not been met.

For more information, read the staff report (https://pub-nanaimo.escribemeetings.com/filestream.ashx?DocumentId=52849(External link))

*****

(CANCELLED) Alternative Approval Process for "Nanaimo Operations Centre Phase One Borrowing Bylaw 2023 No. 7362"

The Council of the City of Nanaimo intends to adopt “Nanaimo Operations Centre Phase One Borrowing Bylaw 2023 No. 7362”. The purpose of the bylaw is to borrow an amount not to exceed $48,500,000 to finance the cost of construction of Phase 1 of the Nanaimo Operations Centre (Public Works yard) that will be repaid over a period not to exceed twenty years.

A copy of bylaw 7362 and a report summarizing the project is available below and from the Legislative Services Department, City Hall, 455 Wallace Street, Nanaimo, during each business day of the week between 8:30 a.m. and 4:30 p.m.

Supporting Documents

To formally adopt the bylaw, Council must first seek elector approval of the bylaw. Accordingly, Council will be undertaking an Alternative Approval Process as permitted under the Community Charter. This is a common process used by municipalities to seek elector approval of loan authorization bylaws.

How an Alternative Approval Process Works

If you are in favour of adoption of the loan authorization bylaw, no action is required.
If you are an eligible resident or non-resident property elector of the City of Nanaimo and you are opposed to the adoption of the loan authorization bylaw without it first receiving assent of the electors by voting (referendum), you may sign an Alternative Approval Process Elector Response Form.
The deadline for submission of signed elector response forms is on or before 4:30 pm on Tuesday, February 20^th, 2024. Please review elector eligibility requirements on the City’s AAP webpage: Alternative Approval Process Information and Eligibility.
The number of electors in the City of Nanaimo was estimated to be 78,892. Accordingly, City Council may proceed with adopting Bylaw No. 7362 unless 10 per cent of electors (7,889) submit elector response forms by the deadline, 4:30 pm on Tuesday, February 20^th, 2024.

AAP Elector Response Form

Response forms to be completed if you are opposed to the borrowing bylaw.

Elector Response Form - “NANAIMO OPERATIONS CENTRE PHASE ONE BORROWING BYLAW 2023 NO. 7362”

The AAP Elector Response Form can also be picked up at the Legislative Services counter at City Hall during business hours 8:30 am to 4:30 pm, Monday to Friday, excluding statutory holidays.

[Note: Response forms submitted during the previous AAP dated 2023-SEP-27 to 2023-NOV-03 are not being counted as that AAP was null and void. If you previously submitted a form during that AAP you must submit a new response form for this new AAP if you are opposed.]

Completed forms must be submitted by 4:30 p.m., Tuesday, February 20^th, 2024, and can be submitted in either of the following ways:

In-person: at the Legislative Services Department, City Hall during regular business hours 8:30 am to 4:30 pm, Monday to Friday, excluding statutory holidays
Mailed to: Corporate Officer, Legislative Services Department, 455 Wallace Street, Nanaimo, BC, V9R 5J6

Elector response forms must contain original signatures; therefore, the City of Nanaimo cannot accept electronically submitted Elector Response Forms.

In order to be counted, all forms must be received by the Corporate Officer by 4:30 p.m. Tuesday, February 20^th, 2024. Forms received after this deadline will not be considered.

Please email Legislative.servicesoffice@nanaimo.ca or call 250 755-4405 if you have any questions about the AAP process.

For more details, and the latest information on the project, please visit www.getinvolvednanaimo.ca/NOC and find a library of documents related to the project here: https://www.nanaimo.ca/your-government/projects/nanaimo-operations-centre-project.

Please send questions or comments regarding the Nanaimo Operations Centre project to EngineeringInfo@nanaimo.ca or call 250-755-4460.

Expand all

Nanaimo Operations Centre AAP FAQs

What is this AAP about?

The AAP is to seek approval of electors to borrow funds (up to $48.5 million) for Phase 1 of the Nanaimo Operations Centre Project. It is not whether you are in favour of the project, it is whether you are opposed to funding it via long-term borrowing. Council has passed the first three readings of a Bylaw to borrow the funds. The final reading of the Bylaw cannot occur until Council the petition against the Bylaw is settled.
I submitted an opposition form for the previous AAP held between Sept 27 and Nov 3, 2023. I am still opposed to the borrowing for this project, do I need to submit another response form this time?

The original AAP was null and void due to the administrative error and therefore is non-existent in law. The previous response forms will not be counted and eligible electors may re-submit their response forms.

How was 10 per cent of eligible electors determined?

Why an AAP and not a Referendum?

The Province has guidelines for best practices on when to hold an AAP versus a Referendum (Assent Vote). When Council determined the process to be followed, they considered these best practices and took into account that an essential City service (for example, an RCMP station, Public Works Yard, a water treatment plant, or a fire station) are services that are required to continue to serve the community and are best done through an AAP. If it fails, the option is not closed and can go to a Referendum at that time. City amenities such as an Event Centre or Waterfront Walkway may be better suited to a Referendum as they are a “nice to have” vs. “need to have”.

The cost to hold a Referendum is approximately $300,000. The difference between a Referendum and a General Election is that during the General Election we hold elections for the School Board Trustees so the School District pays 1/3 of the costs. There is no cost-sharing with a Referendum and it is paid entirely by the taxpayers. Aside from the cost, it is the capacity. The entire Legislative Services Department (10 staff) have to put aside their regular duties, or work overtime to get both duties done. Staffing, training and hiring over 200 workers to work at 12 locations, etc. is very straining on our resources.

What is the difference between an Election, a Referendum and an Alternative Approval Process?

Does the City have to deliver notifications to all residents for a referendum?

No, the notification rules are the same for a referendum as in an petition against (Alternative Approval Process). The City does more than just the official notices. We also provide information on our social channels, website, weekly enewsletter, My Nanaimo This Week, and through open houses. For this AAP, we have also increased advertising in the newspaper, online and on local radio.
What happens if the AAP fails?

Should 10% of the electors submit forms petitioning against the borrowing, Council will have a decision to make. It does not automatically go to a Referendum - Council would have to choose this if they still want to fund the project via borrowing. Council could choose to stop the project, or fund it alternate ways (taxation in one year, a couple of years, etc.).
Do I need to respond if I’m in favour of the borrowing?

You only need to submit a response form if you are opposed to borrowing.
Can the AAP be cancelled while it is in progress and just move to a Referendum?

According to Provincial guidelines, once an AAP has begun, it must be completed.

Last updated: February 13, 2024

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Collection and use of your personal information

Information collected on this form is done so under the general authority of the Community Charter and Freedom of Information and Protection of Privacy Act (FOIPPA), and is protected in accordance with FOIPPA. Questions about the collection of your personal information may be referred to the Legislative Services Department at 250-755-4405, or via email at foi@nanaimo.ca. Please also see our Privacy Policy.

Current Page

Electors from the 2022 Municipal Election	76,522
	+
New Registered Electors since last Election	697
	+
Non-Resident Property Electors from the 2022 Municipal Election	82
	=
	77,301
	x
Estimated growth rate of the City of Nanaimo (1.9% based on census data) and 13 months of growth since the last election divided by 12 months in a year.	x 13/12
	=
Estimated New Electors since 2022 Municipal Election	1591.11225
	+
	77,301
	=
Fair Determination of Electors for 2024 Alternative Approval Process	78,892.11225 (rounded to 78,892)
	x 10%
	=
10% of eligible electors	7,889

	Election	Referendum	Alternative Approval Process
Method of engagement (voting)	Candidates for a given office are listed on a ballot.	“Yes” or “No” question on a ballot. “Yes” or “No” question on a ballot.	Mail/drop-off response form.
Timeframe for electors to submit (vote)	General voting day plus two advance voting days. (Section 107 Local Government Act (LGA) and “General Election Bylaw 2011 No. 7129”)	Same requirements as an Election.	Minimum 30 days.
Eligibility of Electors (Voters)	Must be a Registered Resident Elector or Registered Non-Resident Property Elector (NRPE). (Sections 65 and 66 LGA)	Same requirements as an Election.	Resident Electors and NRPE are eligible if they meet the requirements listed on the Response Form.
Method of determining results.	The majority of ballots cast by registered eligible electors determine the successful candidate for a given office.	Elector approval if majority of votes (50% +1) counted are in favour. (Section 171 LGA)	Electors do not approve if 10% or more of eligible electors submit a response form. (Section 86 Community Charter)
Official Notice Requirement	Notice must be published in the public notices posting place and either in a locally circulated newspaper each week for two consecutive weeks or in accordance with a bylaw to provide for alternative means of publication. (Section 94 Community Charter)	Same requirements as an Election.	Same requirements as an Election.