STAFF REPORT TO COUNCIL i LEGAL AND REGULATORY SERVICES CITY OF PRINCE GEORGE 1100 Patricia Boulevard, Prince George, B.C., V2L 3V9

DATE: July 11 2014

TO: AND COUNCIL

FROM: WALTER BABICZ, DIRECTOR OF LEGAL & REGULATORY SERVICES

SUBJECT: 2014 General Local - Question

ATTACHMENT(S): None

RECOMMENDATION(S):

1. That the following non-binding referendum question be submitted to the electors of the City of Prince George on the 2014 general local election ballot: “The City of Prince George currently fluoridates its water supply. Are you in favour of the City of Prince George fluoridating its water supply?”

2. That opportunities for the referendum question be the same as the voting opportunities established for the 2014 City of Prince George general local election.

3. That in order to vote on the referendum question, a person must meet the qualifications to vote at the 2014 City of Prince George general local election under the Act.

PURPOSE:

The purpose of this report is to seek Council’s approval of a referendum question regarding the fluoridation of the City’s water supply, to be included on the election ballot.

POLICY / REGULATORY ANALYSIS:

A. Election Background Information

The general local election is on Saturday, November 15, 2014, and will be administered in accordance with the provisions of the following legislation:

 Local Government Act;  Community Charter;  Local Campaign Financing Act;  School Act;  Election and Other Voting Procedures Bylaw No. 6067; and  City of Prince George Sign Bylaw No. 7202.

In accordance with recently enacted legislation, elected officials will now serve in office for four years rather than three years. Following the November 15, 2014 election, general local elections in British Columbia will be held on the third Saturday in October every four years.

There have been other legislative changes since the 2011 general local election. The Local Elections Campaign Financing Act was brought into force on May 29, 2014. Candidates running for local elections must now comply with both the Local Government Act and the Local Elections Campaign Financing Act rules.

Local governments and Elections BC now share responsibility for local elections. City Council has appointed the Director of Legal and Regulatory Services as the Chief Election Officer, and has appointed the Deputy Corporate Officer as the Deputy Chief Election Officer. Local governments, through the Chief Election Officer and Deputy Chief Election Officer, will continue to administer elections and set voting opportunity dates, times and places, accept nomination documents, count ballots and announce election results. However, Elections BC now administers, investigates and enforces the campaign financing disclosure and election advertising rules under the Local Elections Campaign Financing Act.

The City’s election webpage will provide a wide range of information and helpful links related to the general local election for candidates, voters, and those wanting to support a candidate.

B. Water Flouridation Referendum Question

At the February 18, 2013 Council meeting, Council unanimously resolved that a question regarding the continuation of fluoridation of water be included on the 2014 local ballot.

The legislative authority for that Council resolution is section 83 of the Community Charter, which reads as follows:

“Council may seek community opinion

83. (1) A council may seek community opinion on a question that the council believes affects the municipality, by voting or any other process the council considers appropriate.

(2) The results of a process under this section are not binding on the council.”

As the fluoridation question will appear on the local general election ballot, Administration recommends that Council establish voting rules for the fluoridation question that will be the same as the voting rules that apply to the local general election. In other words, the voting dates and locations for the referendum question should be the same as those established for the general local election, and only those persons who meet the qualifications to vote at the general local election should be eligible to vote on the fluoridation referendum question.

Administration is seeking approval from Council of the following wording for the non-binding referendum question on the ballot:

The City of Prince George currently fluoridates its water supply. Are you in favour of the City of Prince George fluoridating its water supply?

The above question is intended to be non-leading, and was drafted with a view to providing the elector with an opportunity to understand the background context to the question, and the implications of a “yes” or “no” vote.

As noted above, section 83 of the Community Charter provides that the results of the referendum are non-binding on Council. In other words, the results are intended to inform Council of the community opinion on the issue, but the outcome of the referendum is not necessarily binding on Council.

SUMMARY AND CONCLUSION:

The next general local election is Saturday, November 15, 2014. This report seeks Council’s endorsement of the wording for a non-binding referendum question regarding the fluoridation of the City’s water supply.

Respectfully submitted:

______Walter Babicz Director, Legal and Regulatory Services

To: Mayor and Council