Summary
The Comox Valley Regional District is proposing the establishment of rural roadside garbage and recycling collection services in 11 neighbourhoods throughout Electoral Areas A, B and C. This proposal follows a strong response from the community to a survey in summer/fall 2020 that showed support in many areas. Since then, the CVRD has completed assessment and planning for three proposed services: Sourthern Collection Service, Central Collection Service Area and Northern Collection Service Area. This webpage provides information concerning the alternative approval process for the Central Garbage Collection Service which includes a portion of Electoral Areas A, B and C.
In general terms, Bylaw No. 649 would authorize the CVRD to establish a service for the roadside collection and disposal of garbage and recyclable materials within the service area (see map below). The service would provide a convenient waste management program for residents that supports increased waste diversion, reduced greenhouse gas emissions as well as reductions in the long-term costs of the Comox Valley Waste Management Centre landfill. The service is proposed to be fully funded through utility fees estimated to a maximum of $250 annually. A property tax will not be used to recover any of the costs for this service with the final utility fees being confirmed following a public procurement process for a collection contractor(s).
The CVRD Board is seeking participating area approval of the electors by way of an alternative approval process for the entire Service Area (see map below). The number of eligible electors in the entire Service Area is 10,678 and the number of elector responses required to prevent the CVRD Board from proceeding without the further assent of the electors is 1,067. The deadline for receiving elector responses for this Alternative Approval Process is 4:30 pm on Monday, July 5, 2021. The CVRD Board may proceed with adoption of the Bylaw unless, by the deadline stated above, at least 10 per cent (being 1,067) of the electors of the Service Area indicate that the CVRD Board must obtain approval by assent vote (referendum).
Public inspection of the Bylaw can be made at the CVRD office (770 Harmston Ave., Courtenay, BC) from 8:00 a.m. to 4:30 pm (Monday-Friday, except holidays) and on the CVRD website.
Further information respecting this initiative is available on the Rural Roadside Garbage and Recycling Collection Service project webpage as well as the Connect CVRD website.
Service Area
The proposed Central Garbage Collection Service consists of a portion of Electoral Area A (Baynes Sound – Denman/Hornby Islands), Electoral Area B (Lazo North) and Electoral Area C (Puntledge - Black Creek) as shown on the map below. The CVRD has also developed an interactive service area map to assist residents with confirming their eligibility.
Eligibility for Resident Electors and Non-Resident Property Electors
According to section 172(1)(a) of the Local Government Act, a person must meet the qualifications of section 65 (resident elector) or section 66 (non-resident property elector) of the Local Government Act.
Resident Elector
To sign an elector response form as a resident elector, the following applies:
According to section 65(1), a person must meet all of the following qualifications:
- be 18 years or older; and
- be a Canadian citizen; and
- have been a resident of BC for at least 6 months immediately before signing the elector response form; and
- have been a resident of the proposed service area for at least 30 days immediately before signing the elector response form; and
- not be disqualified from voting under the Local Government Act or any other enactment or not be otherwise disqualified by law from voting.
Non-Resident Property Elector
To sign an elector response form as a non-resident property elector, the following applies:
According to section 66(1), a person must meet all of the following qualifications:
- not be entitled to register to vote as a resident elector; and
- be 18 years of age or older; and
- be a Canadian Citizen; and
- have been a resident of BC for at least 6 months immediately before signing the elector response form; and
- have been a registered owner of real property within the proposed service area for at least 30 days immediately before signing the elector response form; and
- the only persons who are registered owners of the property are individuals who are not holding the property in trust for a corporation or another trust; and
- not be disqualified from voting under the Local Government Act or any other enactment or not be otherwise disqualified by law from voting.
According to section 66(2), a person may only vote once as a non-resident property elector, regardless of the number of properties owned. According to sections 66(5) and 66(6), where more than one person owns the property, only one person may vote as a non-resident property elector in relation to that property and must provide written consent from a majority of the property owners.
Alternative Approval Process - Background
Local governments can use an Alternative Approval Process (AAP) as a way to obtain electoral approval with respect to certain types of proposed bylaws. An AAP is less expensive than undertaking assent voting (referendum).
At its March 16, 2021 meeting, the CVRD Board endorsed the use of an Alternate Approval Process (AAP) to seek elector assent for this initiative. The staff report dated March 12, 2021 details the proposed timeline, the number of eligible electors electors, the AAP response form, public notice and other required elements of the process.
Prior to undertaking an AAP, the Inspector of Municipalities (Ministry of Municipal Affairs and Housing) must first approve the request. Once approved, a local government must publish a Notice of Alternative Approval Process for two consecutive weeks in a local newspaper followed by at least 30 days for electors to submit response forms. In the case of this AAP, the CVRD is placing the Notice in the Comox Valley Record, as follows:
- May 26, 2021
- June 2, 2021
The deadline for submitting elector responses for this AAP is 4:30 pm on Monday, July 5, 2021.
The method by which an eligible elector expresses opposition to Bylaw No. 649 is by signing and submitting an Elector Response Form to the CVRD (before 4:30 pm on July 5, 2021). If an elector supports this initiative no action is required.
Eligible electors must provide their full name and residential address. Eligible non-resident property electors must also provide the address of the property that they own within the Service Area. They are only entitled to sign and submit one elector response form, regardless of how many properties they may own within the Service Area. If a property is owned by more than one person, only one of the owners may submit an Elector Response Form in respect of that property and a majority of the property owners must sign a Consent Form setting out which of the owners is authorized to submit the Elector Response Form on their behalf. If a corporation is the owner (or one of the owners) of the property, no one may submit an Elector Response Form in respect of that property.
If 10 per cent of eligible electors in the Service Area (1,067) oppose the CVRD Board's intention to adopt Bylaw No. 649, the CVRD Board cannot proceed with adopting Bylaw No. 649 unless elector approval is obtained via assent voting.
If the 10 per cent threshold is not attained (i.e. if less than 1,067 electors submit Elector Response Forms), then the CVRD Board may proceed with adopting Bylaw No. 649.