Plebiscite - referendum - What is the difference between a plebiscite and a referendum and in what circumstances is a municipal council permitted or required to seek the advice of electors through such mechanisms?

The distinction between these terms is particularly important. In general, they are defined as follows:

Plebiscite - The public expression of a community's opinion without binding force.

Referendum - The process of referring a political question to the electorate for a direct decision by general vote.

Neither of these terms are referred to in the Municipal Elections Act, 1996. That legislation, however, applies to and governs all elections that seek to:

Questions submitted under (a) above may be binding on council. Reference should be made to section 133 of the Municipal Act for this determination.

If the question is submitted under (b), the results are binding on council as provided in sections 8.2 and 8.3 of the Municipal Elections Act, 1996.

Reference must be made to the Act that authorizes the submission of the question under (c) above to determine if the results are binding. Such questions can relate to the sale of liquor within the municipality, to the fluoridation of the public water supply, or to the establishment of a casino or a charity casino in an "eligible" (see Ontario Regulation 347/00 made under the Ontario Lottery and Gaming Corporation Act, 1999) municipality.

The Municipal Elections Act, 1996 authorizes the submission of questions, not only by local municipalities, but also by local boards, upper-tier municipalities and by the Minister of Municipal Affairs and Housing.

The Act does not define what constitutes a "question," but the courts have made it very clear that such a matter must address an issue that is within the legislative jurisdiction of the council or one over which the council proposes to or even can apply for statutory authority. The Act also indicates questions must be "within the council's jurisdiction" and provides authority for the Minister to prescribe matters of provincial interest. Questions concerning a matter of provincial interest cannot be placed on a ballot by a municipal council.

A leading guide on this subject, By-law and Question Voting Law is published by Municipal World Inc. Its content is applicable to Ontario legislation.

Municipal World Inc. publishes many books on the subject of municipal elections. Click here for a listing.

While the foregoing response is derived primarily from Ontario legislation, practices and procedures, many of the principles will be applicable in other Canadian jurisdictions. In no circumstances should the information and advice given be construed as a legal opinion.

Page last modified on May 30, 2006, at 01:08 PM