Frequently Asked Initiative Petition Questions
A. General
B. Organizing
C. Collecting signatures
D. Signing a petition
E. Verification
F. Financial
G. Business Owners
A. General
A1. What is an initiative petition?
An initiative petition is a process under the Recall and Initiative Act that allows registered voters to propose new laws or changes to existing laws.
A2. Is an initiative petition the same as a referendum or initiative vote?
No. If an initiative petition is submitted to the Chief Electoral Officer with enough valid signatures and the proponent has complied with the financing rules, it is referred to a Select Standing Committee of the Legislature, which may choose to have an initiative vote held on the topic of the initiative petition. An initiative vote, if required, is held every three years in September. The next possible date for an initiative vote is September 24, 2011. The rules for an initiative vote are different from the rules for a referendum, and they are conducted under different legislation.
A3. How many initiative applications have been approved since the Recall and Initiative Act came into force in February of 1995?
The Chief Electoral Officer has granted approval in principle on seven initiative applications.
B. Organizing
B1. Can an initiative petition be on any topic?
No. An initiative petition may only be on a topic within the jurisdiction of the provincial legislature. Therefore, initiative petitions cannot be issued for matters within federal jurisdiction, such as national defence.
B2. Who can apply for an initiative petition?
Only a registered voter can apply for an initiative petition. Applications will not be accepted from organizations or unregistered voters.
B3. How do I apply for an initiative petition?
Applications are available online from Elections BC website or can be mailed if requested. A complete application consists of a completed and signed application form, a non-refundable $50 application fee and a draft Bill.
B4. What is a draft Bill?
A draft Bill is draft legislation. The Recall and Initiative Act establishes that a draft Bill that accompanies an application for an initiative petition must be on a matter within the jurisdiction of the provincial legislature and must be clear and unambiguous. That means that someone reading the draft Bill has a clear understanding of the law or amendment being proposed. The draft Bill must be in a suitable form to be introduced to the Legislative Assembly. It must, if appropriate, refer to the existing Act which is to be amended and clearly establish the amendments to be made. If the proposal is for a new law, the draft Bill must clearly describe how the new law is to function.
B5. What happens if an application is approved?
If an application for an initiative petition meets the requirements of the Act, the Chief Electoral Officer advises the applicant (now called the proponent) and publishes a notice in the B.C. Gazette. The initiative petition is issued to the proponent 60 days after the notice is published in the Gazette. The Chief Electoral Officer also publishes advertisements in newspapers throughout the province to advise the public that a petition has received approval in principle. The public notice includes information on how an individual or organization can register as an opponent to the initiative petition.
B6. What does a proponent have to do in order for their petition to be successful?
Proponents have 90 days from when the petition is issued to collect the signatures of more than 10 percent of the registered voters in each of the province’s 85 electoral districts. The proponent must submit the signed petition sheets to the Chief Electoral Officer within the established time frame. Proponents must also file an initiative financing report within 28 days of the end of the petition period (the date the petition is delivered to the CEO), and not exceed the expenses limit. An initiative petition campaign will fail if the expenses limit is exceeded by the proponent, even if they collect enough valid signatures.
B7. Should proponents collect more signatures than the 10%?
It is recommended that proponents gather as many signatures as possible to ensure that any ineligible signatures do not result in less than the 10% required in each electoral district. In urban areas, proponents may find that high mobility and uncertainty regarding a voter’s correct electoral district can result in many ineligible signatures, so allowing a considerable margin for error is recommended.
B8. What is the 10% threshold based on?
The 10% threshold of signatures required in each electoral district is based on the number of registered voters resident in the electoral district on the day the petition is issued. The proponent is advised of the thresholds when the petition is issued. The thresholds are not changed during the canvassing period or verification period to ensure that the number of signatures required is known to the proponent and to provide a basis for the calculation of initiative petition expenses limits for the proponent and any opponents.
B9. Can a petition be submitted before the end of the 90 day canvassing period?
Yes. However, when the petition is submitted the canvassing period ends and no further signatures will be accepted.
B10. Why do I have to wait 60 days after it’s approved before collecting signatures?
The Recall and Initiative Act establishes a 60 day period between approval in principle and issuance of a petition to allow for the registration of opponents.
B11. Can I combine the 60 and 90 days for a longer time to collect signatures?
No. All signatures must be collected during the 90 day canvassing period, and must be on the official petition sheets issued by Elections BC to the proponent.
B12. Can I use my own petition form?
No. Signatures must be gathered on copies of the official petition sheets issued by Elections BC. Separate sheets must be used for each electoral district, and all petitions must include a cover sheet issued by Elections BC that contains a summary of the draft Bill and information about the proponent and the initiative petition process.
C. Collecting Signatures
C1. Who can collect signatures on an initiative petition?
The proponent may be helped by volunteers to gather signatures. The volunteers are called “canvassers”, and must register as canvassers with Elections BC. Elections BC issues identification cards to canvassers, who must carry the card with them when canvassing. The proponent must approve of all canvasser applications. Signatures collected by unregistered canvassers will be disqualified during the petition verification process. Proponents may not pay anyone to collect signatures on an initiative petition.
C2. How do I become a canvasser?
Contact the proponent of the initiative petition. Once an initiative petition application is submitted to Elections BC for approval, proponents can start recruiting canvassers. The proponent will coordinate recruitment of volunteers, manage the canvasser application process and forward canvasser applications to Elections BC for processing.
C3. Who can register as a canvasser?
Canvassers must be registered voters. Voter qualifications are:
- are a Canadian citizen,
- are at least 18 years old, and
- have lived in B.C. for the past six months
C4. I was not a registered voter when the petition was issued. Can I still canvass?
Yes - but only if you register first. In order to canvass, you must register to vote and you must also register as a canvasser with Elections BC. Canvassers who register to vote after the petition is issued are not eligible to sign the petition.
C5. Can I sign and witness my own signature on a petition sheet?
No. You can only sign a petition sheet administered by another canvasser in your electoral district.
C6. Can a proponent be a canvasser?
Yes, but the proponent must register as a canvasser.
C7. Can canvassers canvass for more than one initiative petition?
Yes. A separate canvasser application must be completed for each initiative petition.
C8. Who can sign a petition?
An individual who was registered to vote on the date the petition was issued may sign a petition. A person may only sign a petition signature sheet for the electoral district in which they are a registered voter at the time of signing. Signatures must be signed in the presence of the canvasser.
C9. Who is responsible to determine if a voter is eligible to sign a petition?
A voter is responsible to know if they are eligible to sign a petition. A voter who is uncertain about their eligibility should contact Elections BC.
C10. Can canvassers demand access to apartment buildings or strata properties to collect signatures?
No. Canvassers are not guaranteed access to rental or strata properties. Access may be granted at the discretion of the landlord or property owner.
C11. Can canvassers demand access to malls and recreation centres, etc., to collect signatures?
No. The Recall and Initiative Act does not require a landlord or owner to provide access to canvassers. Permission must be obtained from the property owner or manager.
C12. If an individual has signed the petition with their new legal name, but their previous legal name appears on the provincial voters list, how do they ensure their signature is counted during the verification process?
Before the petition is submitted to Elections BC, the voter must update their registration. That can be done online, through the Elections BC website or phoning 1-800-661-8683 or by visiting the Elections BC office or any Service BC Government Agent location. The voter must provide their former name and current name when updating their registration.
C13. If an individual has changed their residential address and signs the petition with their new address, but their previous address appears on the provincial voters list, how do they ensure that their signature is counted?
Before the petition is submitted to Elections BC, the voter must update their registration. That can be done online, by phoning Elections BC at 1-800-661-8683, by downloading, scanning and emailing, faxing or mailing an update form to Elections BC, or by visiting the Elections BC office or any Service BC Government Agent location.
D. Signing a petition
D1. Do I need to be registered as a voter to sign the petition?
Yes, but you need to be registered as a voter before the petition is issued.
D2. When the petition was issued I was not a registered voter, can I sign the petition?
No, only individuals who were registered as a voter at the time the petition was issued are eligible to sign the petition.
D3. If I sign a petition, will my personal information be made public?
If a voter signs a petition sheet, their name, address, signature and phone number will be available for public inspection at the office of the Chief Electoral Officer. The voter may request that their residential address and phone number be obscured from public inspection by checking the box next to their signature on the petition.
D4. Can I remove my signature from a petition? If so, how?
Canvassers or Elections BC cannot remove signatures from a petition. If asked, a proponent may agree to remove a signature from a petition before it is submitted, but proponents are not required to do so.
D5. What information do I have to provide when I sign an initiative petition?
Every signature on an initiative petition must be accompanied by the residential address of the individual who signed. Postal addresses, such as PO Box numbers, are not acceptable. Signatures not accompanied by a residential address will not be counted. You will also be asked to provide a phone number.
D6. Why do I have to provide my phone number when I sign the petition?
Although providing your phone number is voluntary, it is important to the initiative process. You may be called by Elections BC to confirm that you signed the petition, or the proponent may need to contact you to ensure your information is correct so that your signature can be counted. You can provide a work or personal number. You can request to have your address and phone number obscured on the public inspection copy of the petition. Simply check the box to the right of your signature line.
D7. My street has two names, which should I use?
You should use the street name you normally use. Elections BC maintains a list of common alternate street names. If you are concerned that Elections BC may not be aware of alternate names for your street, please contact Elections BC.
D8. I haven’t moved, but local authorities have changed the name of my street (or given us a house number). I’ve signed the petition with the new address information. Will my signature still be counted?
Your signature will be counted if you contact Elections BC to update your voter registration before the petition is submitted for verification.
D9. I’m registered, but I’ve moved (or changed my name) since the petition was issued. Is that okay?
Yes. Be sure to update your voter registration with Elections BC before the petition is submitted for verification.
D10. When and where can I sign the petition?
Initiative petitions can only be signed after the petition has been issued by Elections BC, sixty days after the application has been approved. For information about where to sign, contact the proponent of the petition.
D11. Which is the real petition on the internet?
There are no official initiative petitions online. Initiative petitions can only be issued by Elections BC. The petition must be signed by registered voters in ink on official paper signature sheets. Signatures collected in any other way are not accepted. Collecting signatures is the responsibility of the proponent and their registered canvassers, who must witness each signature on the petition.
D12. Can I sign more than once?
No, it is an offence under the Recall and Initiative Act to sign an initiative petition more than once.
E. Verification
E1. How long does Elections BC have to verify the petition pages containing signatures?
When the Chief Electoral Officer receives the petition from the proponent, Elections BC has 42 calendar days to complete the verification process.
E2. If a petition is submitted early, does the 42 day verification period then start?
The verification period begins as soon as a petition is submitted. If a proponent submits a petition before the end of the 90 day canvassing period, they cannot continue to collect and submit signatures.
E3. How does the verification process work?
The first stage of the verification process is a preliminary count of the signatures. If the preliminary count shows that there are enough signatures (more than 10% of the registered voters in each of the 85 electoral districts), verification proceeds to the next phase. In the next phase, Elections BC verifies that the voters who signed the petition were entitled to do so. Signatures that do not include the residential address of the voter who signed the petition will not be counted. Petition sheets are also checked to see that all signatures were witnessed by a registered canvasser. Following this review, a random selection of voters whose names appear on the petition sheets are contacted to verify that they did, in fact, sign the petition.
E4. How does Elections BC check to see if I signed a petition?
Petition lines are first compared to the provincial voters list to ensure that the names and residential addresses on the petition match. A random sample of individuals who signed a petition is then contacted to confirm that they signed the petition.
E5. What if the verification process shows that sufficient valid signatures are on the petition?
If there are sufficient valid signatures and the financing requirements have been met by the proponent, the Chief Electoral Officer sends a copy of the petition and draft Bill to a Select Standing Committee on Legislative Initiatives. The Select Standing Committee must meet within 30 days of receipt of the petition and draft Bill. From their first meeting, the Committee has 90 days to consider the draft Bill and either table a report recommending introduction of the draft Bill, or refer the Bill to the Chief Electoral Officer for an initiative vote. After the Bill is introduced in the Legislature, the requirements of the Recall and Initiative Act have been satisfied, and any subsequent readings, amendments and passage of the Bill will proceed as with any other Bill, with no guarantee of passage.
F. Financial
F1. How are initiative petition expenses limits determined?
Expenses limits for proponents and opponents are based on the number of registered voters on the provincial voters list as of the date on which the petition is issued. The expenses limit is $0.25 per registered voter, plus an adjustment for changes in the Consumer Price Index. The same expenses limit applies to all the registered opponent groups together. The expenses limits only apply to expenses used during the initiative petition period; potential proponents and opponents may incur expenses before an initiative petition application is approved in principle. For more information regarding initiative expenses, please refer to the Guide to the Initiative Process.
F2. Are there limits on initiative petition advertising?
Yes. Other than proponents and opponents, sponsors of initiative petition advertising must register with Elections BC. All initiative petition advertising must identify the sponsor. Registered advertising sponsors must not sponsor advertising with a value of more than $5,000 in relation to an initiative petition. For more information regarding initiative petition advertising, please refer to the Guide to the Initiative Communications.
