At first glance many were under the assumption that because voter turnout exceeded fifty percent that the referendum questions we're binding and all three have been passing. A closer look at the municipal act however reveals that this is not the case.

The municipal elections act states:

8.2(1)The results of a question authorized by a by-law under clause 8 (1) (b) are binding on the municipality which passed the by-law if,

(a) at least 50 per cent of the eligible electors in the municipality vote on the question; and

(b) more than 50 per cent of the votes on the question are in favour of those results. 2000, c. 5, s. 28.

so while 50% of those who voted on the question voted in favour of all three questions, 50% of the eligible voters did not answer the referendum questions. http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_96m32_e.htm.

The City of Greater Sudbury seems to have omitted key wording "on the question" from their website, causing some confusion and debate this morning. http://www.greatersudbury.ca/.../referendum-2014/background/

According to the latest unofficial results we have:

REFERENDUM - QUESTION 1

Are you in favour of retail business having the choice to be open to the public on December 26?

Yes 34,312 61.1%

No 21,826 38.9%

56,138 of 117,558 Eligible Voters, 47.75%

REFERENDUM - QUESTION 2

Are you in favour of allowing retail business to open on the Civic Holiday, the first Monday in August?

Yes 34,894 62.4%

No 21,047 37.6%

55,941 of 117,558 Eligible Voters, 47.59%

REFERENDUM - QUESTION 3

Are you in favour of allowing retail businesses to choose the hours when they are open to the public?

Yes 42,511 75.5%

No 13,826 24.5%

56,337 of 117,558 Eligible Voters, 48.00%

However, in light of the results, the city says staff will discuss with the Mayor-Elect, the presentation of a report repealing the by-laws regulating store hours at the first meeting of the new term of City Council on December 9, 2014.