HomeMy WebLinkAboutDecember 5, 2016
Executive Committee Agenda
Monday, December 5, 2016
Council Chambers
2:00 pm
Chair: Councillor Ashe
For information related to accessibility requirements please contact: Linda Roberts
905.420.4660 extension 2928
lroberts@pickering.ca
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P1CKER1NG
Executive Committee
Meeting Agenda
Monday, December 5, 2016
Council Chambers
2:00pm
Chair: Councillor Ashe
3.
4.
2. That the City Clerk be directed to monitor ranked ballot elections in
Ontario on an ongoing basis, and report back to Council before the 2022
Municipal Election regarding the experiences of ranked ballot elections
and the advisability of Pickering adopting the ranked ballot election
process.
Director, Engineering Services, Report ENG 20-16
Accessible Parking Space Requirements Update
-Amendment to Traffic and Parking By-law 6604/05
Recommendation
25-57
1. That the attached draft by-law be enacted to amend By-law 6604/05 to
provide for the regulation of traffic and parking on highways, private
property and municipal property within the City of Pickering, specifically to
provide for an extensive update on the accessible parking requirements.
2. That the appropriate officials of the City of Pickering be authorized to take
the necessary actions as .indicated in this report.
Director, Finance & Treasurer, Report FIN 23-16
2017 Temporary Borrowing By-law
Recommendation:
58-62
1. That the temporary borrowing limit of $43,000,000 be established to meet
2017 current expenditures pending receipt of taxes and other revenues for
the period of January 1, 2017 to September 30, 2017 inclusive, and
$21,500,000 thereafter until December 31, 2017;
2. That the temporary borrowing limit for capital purposes for 2017 be
established at $43,000,000;
3. That the attached draft by-law providing for the temporary borrowing of
monies be enacted; and
4. That the appropriate City of Pickering officials be authorized to take the
necessary actions as indicated in this report.
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PJCKERJNG
From: Marisa Carpino
Director, Community Services
Report to
Executive Committee
Report Number: CS 16-16
Date: December 5, 2016
Subject: Seniors and Persons with Disabilities Snow Clearing Program
Revision to Width of Path of Travel
-Extension of Contract
-Quotation No. Q-51-2014, Purchase Order No. BL 160671
File: A-1440
Recommendation:
1. That Council approve the revision of the City's Seniors and Persons with Disabilities Snow
Clearing Program that increases the path of travel from the driveway to the closest house
entry from 2 feet to 3 feet commencing with the 2016/2017 winter season;
2. That the existing 3 year contract with Gray's Landscaping & Snow Removal Inc. ending April
30, 2017 be extended by one term to include the 2017/2018 winter season from November
1, 2017 to April 30, 2018; and
3. That the appropriate City officials be authorized to take the necessary actions as indicated in
this report.
Executive Summary: The City's Seniors and Persons with Disabilities Snow Clearing
Program accommodates 440 households. Under the terms and conditions of the existing
program, a path of travel measuring 2 feet (or 24 inches) wide is cleared from the applicants
driveway to the closest house entry. Based on public feedback and staff consultation, it is
recommend that the width of this path of travel be increased to 3 feet (or 36 inches) in order to
better accommodate program participants, particularly those who require the use of wheelchairs
or scooters.
The path of travel currently being provided under the existing program cannot accommodate
typical mobility devices including wheelchairs which are approximately 30 inches wide and .
scooters which are approximately 26 inches wide. Widening the path of travel to 3 feet (or 36
inches) will improve accessibility which is especially important for a program of this nature which is
specifically intended to support Seniors and Persons with Disabilities.
Gray's Landscaping & Snow Removal Inc. currently has Purchase Order No. BL 160671 with the
City to perform the services associated with this program in accordance with terms, conditions and
specifications of Quotation No. Q-51-20 14 which does not include the provision to amend the
width for the path of travel. This 2016/2017 winter season, specifically November 1, 2016 to April
30, 2017, represents the final term of a 3 year contract. In response to staff's inquiry to widen the
path of travel, Gray's Landscaping & Snow Removal Inc. have provided a written offer to increase
1
2
Report CS 16-16
Subject: Seniors and Persons with Disabilities Snow Clearing Program
December 5, 2016
Page 2
the path of travel from 2 feet to 3 feet wide at no extra cost during the current 2016/2017 winter
season, subject to the existing 3 year contract be extended for one additional term from November
1, 2017 to April 30, 2018 to include the 2017/2018 winter season. The offer also specifies that
during the one additional term, Gray's Landscaping & Snow Removal Inc. will charge the City an
additional cost of $3 per household per dispatch to accommodate this increased path of travel.
Staff recommend that the City accept the offer submitted by Gray's Landscaping & Snow Removal
Inc. in order to allow for the immediate implementation of this enhanced level of seNice and
provide improved accessibility to program participants.
Financial Implications: The additional annual cost to increase the path of travel from 2 to 3
feet for households registered in this program is approximately $15,840 plus HST. This is based
on $3 per 440 maximum registered households for approximately 12 snow events estimated to
occur in a typical winter control season. Gray's Landscaping & Snow Removal Inc. has offered to
absorb this additional cost for the duration of the existing contract ending April 30, 2017 subject to
the existing 3 year contract be extended by one term to include the 2017/2018 winter season.
Fees quoted for the increased path of travel would come into effect with the 2017/2018 winter
. season.
The approved 2016 Current Budget includes $110,000 under the Property Maintenance cost
centre (2132.5320) for the Seniors Snow Removal Program. This increase in seNice will have no
impact to the 2016 Current Budget. The proposed 2017 Current Budget prepared by staff will
include for the future anticipated cost of this program enhancement.
Discussion: The City of Pickering has been operating the Seniors and Persons with
Disabilities Snow Clearing Program since 1975 and currently has 400 households registered. The
program currently provides for a 2 foot wide path of travel cleared from the driveway to the nearest
house entry. The City is committed to providing seNices that meet best practices for accessibility.
Based on public feedback and staff consultation, the Seniors and Persons with Disabilities Snow
Clearing Program has been determined to provide a path of travel that is restricting to the public,
particularly for those with mobility issues and require the use of wheelchairs and/or scooters which
measures beyond 24 inches. Therefore, staff recommend that the Seniors and Persons with
Disabilities Snow Clearing Program be enhanced to provide participants with a 3 foot wide path to
be cleared from the driveway to the house entry.
The vendor performing snow removal seNices for this program is Gray's Landscaping & Snow
Removal Inc. and have performed satisfactorily to date. The final term of the 3 year contract will
expire April 30, 2017. In response to our inquiry to increase the width in the path of travel, Gray's
Landscaping & Snow Removal Inc. has provided staff with an offer to increase the path of travel
from 2 feet to 3 feet wide for households registered in the 2016/2017 winter program at no cost
based on the condition that their contract be extended by one term at which time an additional
cost of $3 per household per dispatch will be charged to the City. Based on the maximum
available registrations and anticipated snow events per year, the additional cost is estimated to be
$15,840 plus HST per year.
CORP0227-07/01 revised
CLK 07-16
Subject: Municipal Elections Modernization Act, 2016
Ranked Ballot Election
December 5, 2016
Page 2
Unfortunately, ranked balloting is a more complex method of voting. It would represent a
substantial change in the voting experience, and could confuse some voters. A significant amount
of City resources would need to be allocated towards education, which is currently not accounted
for in the budget. Given the lack of experience with ranked ballot elections in Canada, it is more
prudent to wait and see if other municipalities adopt this method, and then to review it again in
2022.
Financial Implications: None. If in future Council directs that the ranked ballot election system
be adopted, then public consultation would be required. Staff estimate that the initial cost of
adopting ranked ballots would be approximately $50,000. This sum would be spent on public
consultations, vendor and staffing expenses, and public education.
Discussion: For the 2018 Municipal Election, ranked ballots are an option .for municipal councils
but not school boards. This would require a municipality to run two types of elections: ranked
ballots for council and FPTP for school boards. The implications of using ranked balloting are
significant and the timelines for this process are very short. If a ranked ballot election is to be
implemented, it must be enacted by by-law no later than May 1, 2017. In reality, this decision
would need to be made much earlier in order to allow staff the time required to propei-ly implement
the change.
Throughout the consultation process leading up to the Municipal Elections Modernization Act,
2016, there was significant apprehension amongst election administrators about moving from
FPTP to ranked ballots. Ranked ballots represent a significant change for candidates,
administrators and electors. Considerations and impacts of using a ranked ballot system are as
follows:
Public Consultation and Support
Substantial public consultation and engagement is recommended before implementing such a
significant change to the current electoral system. A thorough public consultation process is
required under O.Reg 310/16 to gather public feedback before a by-law enacting ranked ballots
can be passed.
Public Education and Voter Turnout
The ranked ballot system is a fundamental departure from the experience of the average voter
who is used to selecting from a specified number of candidates for each office. The ranked ballot
approach may be confusing to experienced and new voters alike. A significant amount of time,
effort and election funding would have to be put towards public education and resources to inform
voters about this new system.
CORP0227-07/01 revised
5
6
CLK 07-16
Subject: Municipal Elections Modernization Act, 2016
Ranked Ballot Election
Voting Equipment and Systems
December 5, 2016
Page 3
A change to a ranked ballot approach would affect the amount of time needed to prepare and test
vote counting equipment and systems. Ranked balloting involves multiple rounds of voting based
on a more complex mathematical calculation. As with any election, testing would have to be
conducted on all vote counting equipment and systems to ensure that votes are counted correctly.
The security and integrity of the systems must also be tested.
Ballot
A ballot using ranked voting will be significantly different than the ballot that voters are familiar
with, and may cause confusion and increase the time it takes each voter to cast a ballot. Voters
may mark ballots incorrectly, leading to more spoiled ballots and longer wait times at voting
locations. It will be more time consuming for election workers at voting locations to issue,
manage, balance and reconcile multiple ballots or dual face ballots and to educate voters with
questions at the voting location.
Election Results and Recount
Ranked ballot processes will likely delay the time between the close of voting and the release of
official results from the Clerk's Office. With the current voting system, election results are typically
generated very quickly with unofficial results announced at the end of voting day, and official
results announced the following business day. With ranked voting, unofficial results may still be
available the same night; however, it could take longer to count ballots using the ranked ballot
system. Also, O.Reg 310/16 lays out in detail the recount procedures for rank ballots, which could
include the City Clerk physically reviewing each ballot to determine the markings on the ballots.
Accessibility
In previous municipal elections, the City has utilized accessibility devices at advance polls in an
effort to mitigate potential barriers to voting. Devices include a handheld touch pad, "yes/no"
paddles and a sip and puff machine. These devices gave the voter the opportunity to listen to an
audio ballot with candidate options read out over headphones. Even with a FPTP ballot, it takes a
significant amount of time to read the names of each candidate on the ballot. An area of potential
· concern for accessibility is the length of time it will take to have an audio ballot read out if a voter
is now presented with the opportunity to rank each candidate three times, or more. Accessibility
issues in a ranked ball<;>t system should be thoroughly considered before the new system is
adopted.
Increased Administrative Costs
In light of these considerations, increased administrative costs are anticipated based on the
following:
Paper ballot production costs could increase based on the size and number of ballot faces
required for each voter and the anticipation of more spoiled ballots and replacements;
CORP0227-07/01 revised
Eliminate the option in last place and redistribute those ballots to other.
candidates
Your first choice1 Cherry got the fewest votes. Your ballot will now be given to your second choice1
Pear. (The ballots of everyone else who voted for Cherry as their first choice will also be redistributed
to their second choices).
After the 5 Cherry ballots are distributed, the new vote count is:
chor:ry 5trawbt:rry p911r apple
6 9 10
After the second round of countfng, none of the fruits has received enough votes to be elected.
Drop the last place and redistribute those ballots
Strawberry now has the fewest votes. Your ballot stays with your second choice1 Pear.
After the 7 Strawberry ballots are redistributed, the new vote count is:
13 10
Pear is elected with 17 votes. Even though your first choice didn't get elected, your ballot helped your
second choice to win.
9
0. Reg. 310116: RANKED BALLOT ELECTIONS
29.
30.
Schedule 1
Schedule 2
Interpretation
COUNTING FOR ELECTION OF ONE CANDIDATE TO AN OFFICE
Counting the votes, election of one candidate
Resolution of a tie vote, election of one candidate
COUNTING FOR ELECTION OF MULTIPLE CANDIDATES TO AN OFFICE
Counting the votes, election of more than one candidate
Resolution of a tie vote, election of more than one candidate
INFORMATION ABOUT ELECTION RESULTS
Report following ·election
VARIATIONS TO THE ACT
Ranked ballot election only
Ranked ballot election concurrent with non-ranked ballot election
Variations to the act-ranked ballot elections
Variations to the act-ranked ballot elections concurrent with non-ranked ballot elections
INTERPRETATION
Page 2 of 15
1. In this Regulation, a reference to a by-law with respect to ranked ballot elections means a by-law that may be passed by a municipality under section 41.2
of the Act.
AUTHORITY TO CONDUCT RANKED BALLOT ELECTIONS
Authority conferred, single-tier or lower-tier municipality
2. (1) Subject to subsection (2), ranked ballot elections for offices on the council of a single-tier or lower-tier municipality are hereby authorized to be
conducted in accordance with the rules set out in subsection 41.1 (1) of the Act
(2) Ranked ballot elections for offices on the council of a single-tier or lower-tier municipality are authorized only if they are to be conducted for all offices on
the council.
Authority conferred, upper-tier municipality
3. (1) Subject to subsections (2) to (4), ranked ballot elections for offices on the council of an upper-tier municipality are hereby authorized to be conducted in
accordance with the rules set out in subsection 41.1 (1) of the Act.
(2) Ranked ballot elections are not authorized for any office on the council of an upper-tier municipality unless they are authorized for all offices on the council_
of every lower-tier municipality within the upper-tier municipality.
(3) Ranked ballot elections are not authorized for any office on the council of an upper-tier municipality unless both of the following circumstances exist:
1. One or more members of the council of the upper-tier municipality are elected to the council by the electors of all or part of one or more lower-tier·
municipalities within the upper-tier municipality.
2. The members referred to in paragraph 1 who are elected to the council of the upper-tier municipality are not also elected to the council of a lower-tier
municipality within the upper-tier municipality.
(4) Ranked ballot elections are authorized only for the offices of members described in paragraphs 1 and 2 of subsection (3) and they are authorized only if
they are to be conducted for the offices of all of those members of the council of the upper-tier municipality.
Elector's right to vote
4. (1) An elector is entitled to rank as many candidates for an office as the by-law with respect to ranked ballot elections specifies or, if the by-law does not
specify the number of rankings, three candidates.
(2) Paragraph 3 of subsection 51 (2) of the Act does not apply with respect to a ranked ballot election.
BY-lAWS WITH RESPECT TO RANKED BALLOT ELECTIONS
Matters to be considered by council
5. (1) Before passing a by-law with respect to ranked ballot elections, the council of a single-tier or lower-tier municipality shall consider the following matters:
1. The costs to the municipality of conducting the elections.
2. The availability of technology, such as voting equipment and vote-counting equipment and software, for conducting the elections.
3. The impact the proposed by-law would have on election administration.
(2) Before passing a by-law with respect to ranked ballot elections, the council of an upper-tier municipality shall consider the following matters:
https:/ /www.ontario.ca/laws/regulation/16031 0 10/7/2016
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0. Reg. 310/16: RANKED BALLOT ELECTIONS Page 3 of 15
1. The costs to the municipality of conducting the elections.
2. The technology, if any, being used by the lower-tier municipalities within the upper-tier municipality for conducting their ranked ballot elections.
Contents of by-law
6. (1) A by-law with respect to ranked ballot elections may specify the maximum number of ran kings for each office' on council.
(2) The by-law may specify a different number of rankings for each office.
(3) In this section, a reference to the number of rankings for an office is a reference to the number of candidates for the office in respect of whom an elector is
permitted to indicate a preference when voting.
Application of by-law to elections
7. A by-law with respect to ranked ballot elections applies to all regular elections and by-elections of the municipality.
When by-law comes into force
8. (1) A by-law with respect to ranked ballot elections does not come into force until,
(a) if it is passed after May 1, in the case of a single-tier or lower-tier municipality, or after July 1, in the case of an upper-tier municipality, in the year
before the year of a regular election, the day a newly elected council is organized following the second regular election after the passing of the by-law;
or
(b) in any other case, the day a newly elected council is organized following the first regular election after the passing of the by-law.
(2) Despite subsection (1 ), the regular election that is held immediately before the coming into force of a by-law with respect to ranked ballot elections shall be
conducted as if the by-law were already in force.
INFORMATION ABOUT PROPOSED BY-lAWS
Proposed by-law: information for the public
9. (1) Before passing a by-law with respect to ranked ballot elections, the council shall ensure that the following information is made available to the public
with respect to the proposed by-law:
1. A detailed description of how the elections Would be conducted, including a description of how votes would be distributed to candidates based on the
ran kings marked on ballots.
2. An estimate of the costs of conducting the elections.
3. For a proposed by-law of a single-tier or lower-tier municipality, a description of the voting equipment and vote-counting equipment, if any, that is being
considered.
4. For a proposed by-law of a single-tier or lower-tier municipality, a description of any alternative voting method being considered.
(2) If the proposed by-law would repeal a by-law with respect to ranked ballot elections, paragraph 1 of subsection (1) requires only a detailed description of
how the elections would be conducted.
(3) The council shall ensure that the information required by this section is made available free of charge to any member of the public upon request.
(4) The council of an upper-tier municipality shall ensure that the information required by this section is made available to the public at least 15 days before
the public meeting required by section 11 is held.
Proposed by-law: open house (single-tier or lower-tier municipality)
1 D. (1) Before passing a by-law with respect to ranked ballot elections, the council of a single-tier or lower-tier municipality shall ensure that at least one open
house is held in accordance with this section for the purpose of giving the public an opportunity to review and ask questions about the information required by
section 9.
(2) The open house shall be held at least 15 days before the public meeting required by section 11 is held.
(3) At least 30 days before the open house is to be hel~, the council shall publish notice of the open house in a newspaper having general circulation in the
municipality.
{4) The council shall give at least 30 days' notice of the open house to every person and organization that has, within two years before the day of the open
house, requested that the municipality provide the person or organization with such notice and has provided an address for the notice.
(5) The council shall ensure that the information required by section 9 is available at the open house.
Proposed by-law: public meeting
11. (1) Before passing a by-law with respect to ranked ballot elections, the council shall ensure that a public meeting is held in accordance with this section in
respect of the proposed by-law.
(2) At least 30 days before the public meeting is to be held, the council shall publish notice of the public meeting as follows:
1. For a proposed by-law of a single-tier or lower-tier municipality, in a newspaper having general circulation in the municipality.
2. For a proposed by-law of an upper-tier municipality, in one or more newspapers that, together, have general circulation in each lower-tier municipality
within the upper-tier municipality.
(3) The council shall give at least 30 days notice of the public meeting to every person and organization that has, within two years before the day of the public
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0. Reg., 310/16: RANKED BALLOT ELECTIONS Page 4 of 15
meeting, requested that" the municipality )Jrovide the person or organization with such notice and has provided an address for the notice.
(4) The council shall ensure that the notices required by subsections (2) and (3) set out the intention of the municipality to pass the by-law.
(5) The council shall ensure that ·any person who attends the public meeting is given the opportunity to make representations in respect of the proposed by-
law.
(6) The council shall ensure that the information required by section 9 is available at the public meeting.
CONDUCTING A RANKED BALLOT ELECTION
Responsibility of clerks re single-tier and lower-tier municipalities
12. The cleik of a single-tier or lower-tier municipality is responsible for con9ucting a ranked ballot election for offices on the council of the municipality.
Responsibilities of clerks re upper-tier municipalities
13. (1) The clerk of an upper-tier municipality is responsible for conducting a ranked ballot election for offices on the council of the municipality, except as
otherwise specified in this Regulation.
(2) When an upper-tier municipality passes a by-law with respect to ranked ballot elections, the clerk of the municipality shall give a copy of the by-law to the
clerks of every lower-tier municipality within the upper-tier municipality.
(3) As soon as possible after the upper-tier municipality passes a by-law with respect to ranked ballot elections, the clerk of each lower-tier municipality within
the upper-tier-municipality shall tell the clerk of the upper-tier municipality how many eligible electors were on the voters' list for the lower-tier municipality, as the
voters' list existed at the close of voting on voting day in the previous regular election.
Responsibility for counting votes re upper-tier municipality
14. (1) In a regular election for offices on the council of an upper-tier municipality, the clerk of the lower-tier municipality within the upper-tier municipality that
has the greatest number of eligible electors is responsible for counting the votes in the ranked ballot election for offices on the council of the upper-tier
municipality.
(2) In a by-election for an office on the council of an upper-tier municipality,
(a) if the geographic area of the office is wholly within one of the lower-tier municipalities, the clerk of the lower,tier municipality is responsible for counting
the votes in the ranked ballot election; arid
(b) if the geographic area of the office is within two or more of the lower-tier municipalities, the clerk of the lower-tier municipality that has the greatest
number of eligible electors is responsible for counting the votes in the ranked ballot election.
(3) For the purposes of subsection (1) and clause (2) (b), the number of eligible electors is determined with reference to the voters' list for the lower-tier
municipality, as the voters' list existed at the close of voting on voting day in the previous regular election.
(4) The clerk ·at the upper-tier municipality shall determine which lower-tier municipality is described in subsection (1) or clause (2) (a) or (b), as the case may
be, based on information provided to him or her by the clerk of each lower-tier municipality, and shall tell the clerks of the lower-tier municipalities which clerk is
responsible for counting the votes in the ranked ballot election.
(5) The clerk of the lower-tier municipality that is responsible for counting the votes shall promptly report the vote recorded to the clerk of the upper-tier
municipality, who shall prepare the final summary and announce the result of the vote.
BALLOTS AND RANKING BY ELECTORS
Ballots
15. (1) Ballots used for ranked ballot elections must comply with the rules set out in this section in addition to the rules in subsection 41 (2) of the Act.
(2) The number of candidates to be elected for each office must appear on the ballot.
Instructions
16. Instructions to electors about the following matters must be made available at the voting place:
1. How to inark the ballot so that the ranking of candidates can be read by the clerk.
2. How to rank candidates in the order of the elector's preference.
3. The maximum number of candidates that can be ranked for each office, indicating that if the number of certified candidates for an office is fewer than
the maximum number of candidates that can be ranked for the office, all candidates for the office may be ranked.
Elector's ranking of candidates
17. An elector ranks the candidates on a ballot by marking the ballot, in accordance with the instructions made available at the voting place, to indicate the
elector's preferences.
Determining highest ranking
18. At each round of vote counting, the following rules describe how to determine which candidate an elector has ranked as the highest:
1. The elector's preference for one candidate over the other candidates is indicated by ran kings marked on the ballot.
2. If the ballot is marked to indicate more than one ranking for a single candidate, only the highest of those rankings is considered.
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0. Reg. 310116: RANKED BALLOT ELECTIONS Page 5 of 15
3. If the ballot is marked to indicate the rankings among the candidates, but there is no mark that indicates one or more of the ran kings that could be
assigned, the relative rankings that are marked indicate which candidate is ranked as the highest.
4. If the ballot is marked to indicate the rankings among the candidates, but the mark that indicates a ranking is not made inside the space provided for
marking the ballot, only the relative rankings that are marked inside the space provided for marking the ballot indicate which candidate is ranked as the
highest.
COUNTING THE VOTES-GENERAL
Threshold: number of votes needed to elect candidate
19. (1) The threshold is the number of votes sufficient for a candidate to be elected to an office and, in a ranked ballot election for an office, is determined
using the formula,
[(A -B) + (C + 1 )] + 1
in which,
"A" is the total number of ballots cast for the office,
"B" is the number of ballots in which the votes for the office have been rejected from the count under subsection 54 (2) or (3) of the Act, as set out in
section 4 of Schedule 1 to this Regulation, or under subsection 55 (3) or (4) of Act, as set out in section 4 of Schedule 2 to this Regulation, as applicable,
and
"C" is the number of members to be elected to the office.
(2) If the formula results in a number that includes a fraction, the fraction is disregarded.
Eliminating candidates during a round of vote counting: single elimination method
20. (1) The single elimination method for eliminating a candidate from a round of vote counting is conducted in accordance with this section.
(2) The candidate with the fewest votes in a round, including transferred votes, is eliminated from the next round in accordance with section 24 or 26, as the
case may be.
(3) In case of a tie between two or more candidates with the fewest votes in a round, the tie is resolved in accordance with section 25 or 27, as applicable in
the circumstances.
(4) The clerk shall record the details of the resolution of any tie, and the resolution shall be re-used in any recount.
Batch elimination method
21. (1) The batch elimination method for eliminating one or more candidates from a round of vote counting is conducted in accordance with this section.
(2) Every canpidate who has no mathematical chance of being elected during a round is eliminated from the next round in accordance with section 24 or 26,
as the case may be.
(3) A candidate has no mathematical chance of being elected if either of the following circumstances exist:
1. If the sum of "D" and "E" for the candidate is less than the amount of "D" for the candidate with the next greater number of votes received, including
transferred votes, where,
"D" is the number of votes received by the candidate, including transferred votes, and
"E" is the number of votes capable of being transferred to the candidate in future rounds,
i. from candidates with fewer votes in the current round, and
ii. from candidates with whom the candidate is tied in the current round.
2. If the amount of ''D" for the candidate, as defined in paragraph 1, is less than the amount of "D" for a candidate who is eliminated under paragraph 1.
Choice of method
22. (1) On or before December 31 in the year before a regular election, the clerk shall determine whether the single elimination method described in section
20 or the batch elimination method described in section 21 for eliminating candidates during each round of vote counting shall be used in the election and shall
notify each candidate in writing when the candidate's nomination is filed .
. (2) In the case of a by-election, the clerk shall determine, at least 60 days before the first day on which an elector can vote, whether the single elimination
method or the batch elimination method for eliminating candidates during each round of vote counting shall be used in the by-election and shall notify each
candidate in writing.
(3) The same method must be used for all offices to be filled by the ranked ballot election, and for all rounds of vote counting for each office.
Exhausted ballots
23. A ballot cast by an elector in a ranked ballot election is exhausted at the end of a round of vote counting if any of the following circumstances exist:
1. The elector has not ranked any of the continuing candidates in the next round.
2. The elector's highest ranking for a continuing candidate in the next round cannot be determined.
3. The elector has ranked more candidates than the maximum number permitted for the office, and the elector's highest ranked continuing candidate in
the next round holds a lower ranking than the lowest permitted ranking.
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COUNTING FOR ELECTION OF ONE CANDIDATE TO AN OFFICE
Counting the votes, election of one candidate
24. (1) In a ranked ballot election in which one candidate is to be elected to an office, the votes are counted in accordance with this section and in the
sequence set out in this section.
(2) Threshold: Calculate the threshold for the office under section 19.
(3) First round of vote counting: Conduct the first round of vote counting as follows:
1. Count the number of votes cast for each candidate as indicated by each elector's highest ranking on their ballot.
2, If the number of votes for a candidate equals or exceeds the threshold, take no further steps under this section and, as soon as possible after voting
day, the clerk shall declare that candidate to be elected.
3. If no candidate has received sufficient votes to equal or exceed the threshold, eliminate a single candidate or a batch of candidates in accordance with
section 20 or 21. If there is a tie between two or more candidates with the fewest votes, resolve the tie in accordance with section 25.
4. The candidates who have not been eliminated under paragraph 3 are continuing candidates in the next round.
(4) Exhausted ballots: Identify any exhausted ballots.
(5) Transfer of votes from eliminated candidates: Transfer the votes from the candidates eliminated in the first round to the continuing candidates in the next
round as follows:
1. Transfer each vote received by each candidate eliminated in the first round to the continuing candidate who, as marked on the same elector's ballot,
received the next highest ranking of all continuing candidates. If the elector's ballot is exhausted, his or her vote for an eliminated candidate shall not
apply to any candidate.
(6) Second round of vote counting: Conduct the second round of vote counting as follows:
1. Count the number of votes cast for each continuing candidate as indicated by each elector's highest ranking of the continuing candidates on their ballot
and the number of votes transferred to the candidate after the previous round.
2. If the number of votes received by a candidate equals or exceeds the threshold, take no further steps under this section and, as soon as possible after
voting day, the clerk shall declare that candidate to be elected.
3. If no candidate has received sufficient votes to equal or exceed the threshold, eliminate a single candidate or a batch of candidates in accordance with
section 20 or 21. If there is .a tie between two or more candidates with the fewest votes, resolve the tie in accordance with section 25.
4. The candid.ates who have not been eliminated under paragraph 3 are continuing candidates in the next round.
(7) For subsequent rounds of vote counting: Repeat the steps set out in subsections (4), (5) and (6), with necessary modifications, for each subsequent round
of vote counting until the number of votes received by one candidate equals or exceeds the threshold or until only two continuing candidates remain. Then take
the following steps:
1. If the number of votes received by one candidate equals or exceeds the threshold, take no further steps under this section and, as soon as possible
after voting day, the clerk shall declare that candidate to be elected.
2. If only two candidates remain, the clerk shall, as soon as possible after voting day, declare the candidate with the most votes, including transferred
votes, to be elected.
Resolution of a tie vote, election of one candidate
25. In a ranked ballot election in which only one candidate is to be elected to an office, if there is a tie between two or more continuing candidates with the
fewest votes, the tie is resolved in accordance with the following rules:
1. In the first round of vote counting, the tie is resolved by lot and the candidate chosen by lot is deemed to have the fewest votes.
2. In the second and any subsequent round,
i. the candidate with the fewest votes in the preceding round is deemed to have the fewest votes in the current round,
ii. if the candidates.who are tied in the current round were tied in the preceding round, the candidate with-the fewest votes in the round before the
preceding round is deemed to have the fewest votes in the current round, and
iii. if the candidates who are tied in the current round were tied in all preceding rounds, the tie is resolved by lot and the candidate chosen by lot is
deemed to have the fewest votes in the current round.
COUNTING FOR ELECTION OF MULTIPLE CANDIDATES TO AN OFFICE
Counting the votes, election of more than one candidate
26. (1) In a ranked ballot election in which more than one candidate is to be elected to an office, the votes are counted in accordance with this section and in
the sequence set out in this section.
(2) Threshold: Calculate the threshold for the office under section 19.
(3) First round of vote counting: Conduct the first round of vote counting as follows:
1. Count the number of votes cast for each candidate as indicated by each elector's highest ranking on their ballot.
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2. Determine the number of candidates for whom the number of votes cast, as described in paragraph 1, equals or exceeds the threshold.
3. If the number of candidates determined under paragraph 2 equals the number of candidates to be elected to the office, take no further steps under this
section and, as soon as possible after voting day, the clerk shall declare all of those candidates to be elected.
4. If the number of candidates determined under paragraph 2 is less than the number of candidates to be elected to the office, determine which of them
has the greatest number of votes (the 'successful candidate") and, as soon as possible after voting day, the clerk shall declare that candidate to be
elected.
5. If there is no successful candidate, eliminate a single candidate or batch of candidates in accordance with section 20 or 21. If there is a tie between two
or more candidates, resolve the tie in accordance with section 27.
6. The candidates (other than the successful candidate, if any) who have not been eliminated under paragraph 5 are continuing candidates for the next
round.
(4) Exhausted ballots: Identify any exhausted ballots.
(5) Transfer of partial votes from the successful candidate: For each vote cast for the successful candidate, if any, in the first round, determine the surplus
portion of the vote and transfer it from the successful candidate to the continuing candidates as follows:
1. Calculate the transfer ratio for the successful candidate in the first round, using the formula,
(F-E) +F
in which,
"E" is the threshold for the office, and
"F" is the number of votes cast for the successful candidate.
2. For each vote cast for the successful candidate (referred to in this subsection and in subsection (7) as a "successful vote"), calculate the surplus portion
of the vote using the formula,
GxH
in which,
"G" is the transfer ratio for the successful candidate, a(ld
'H" is one vote.
3. For each elector who cast a successful vote, transfer the surplus portion of the elector's successful vote to the continuing candidate who, as marked on
the elector's ballot, has the highest ranking of all of the continuing candidates. If the elector's ballot is exhausted, the surplus portion of his or her vote
shall not apply to any candidate.
(6) Transfer of votes from eliminated candidates: Transfer the votes from the candidates, if any, eliminated in the first round to the ·continuing candidates as
follows:
1. Transfer each vote cast for each candidate eliminated in the first round to the continuing candidate who, as marked on the same elector's ballot, has the
highest ranking of all of the continuing candidates. If the elector's ballot is exhausted, his or her vote for an eliminated candidate shall not apply to any
candidate.
(7) Second round of vote counting: Conduct the second round of vote counting as follows:
1. Count the number of votes cast for each continuing candidate as indicated by each elector's highest ranking of the continuing candidates on their ballot
and count the number of votes, and the surplus portion of successful votes, that were transferred to the candidate after the previous round.
2. If the number of votes received by one or more candidates exceeds the threshold, determine which of them has the greatest number of votes (the
'successful candidate") and, as soon as possible after voting day, the clerk shall declare that candidate to be elected.
3. If the cumulative number of successful candidates equals the number of candidates to be elected to office, take no further steps under this section and,
as soon as possible after voting day, the clerk shall declare those candidates to be elected.
4. If there is no successful candidate in this round, eliminate a single candidate or batch of candidates in accordance with section 20 or 21. If there is a tie
between two or more candidates, the tie is resolved in accordance with section 27.
5. The candidates (other than any successful candidates) who have not been eliminated under paragraph 4 are continuing candidates for the next round.
• (8) Exhausted ballots: Identify any exhausted ballots.
(9) Transfer of partial votes from the successful candidate: Transfer the votes received in the second round by the successful candidate, if any, to the
continuing candidates as follows:
1. Calculate the transfer ratio for the successful candidate in the second round, using the formula,
(J-E) +J
in which,
'E" is the threshold for the office, and
"J" is the number of votes received by the successful candidate, including transferred votes.
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2. For each vote cast for the successful candidate and each vote transferred from an eliminated candidate after the previous round (each of which is
referred to in this subsection and in subsection (1 0) as a "successful vote"), calculate the surplus portion of the successful vote using the formula,
KxL
in which,
"K" is the transfer ratio for the successful candidate, and
"L" is one vote.
3. Transfer the surplus portion of the successful vote to the continuing candidate who, as marked on the same elector's ballot, has the highest ranking of
all of the continuing candidates. If the elector's ballot is exhausted, the surplus portion of his or her vote shall not apply to any candidate.
4. For each surplus portion of a successful vote that was transferred to the successful candidate after the previous round (the "previously transferred
portion"), calculate the surplus portion of the previously transferred portion using the formula,
in which,
"K" is the transfer ratio for the successful candidate, and
"M" is the previously transferred portion of one vote.
KxM
5. Transfer the surplus portion of the previously transferred portion to the.continuing candidate who, as marked on the same elector's ballot, has the
highest ranking of all of the continuing candidates. If the elector's ballot is exhausted, the surplus portion of the previously transferred portion shall not
apply to any candidate.
(1 0) Transfer of votes from eliminated candidates: Transfer the votes received in the second round by the candidates, if any, eliminated in that round to the
continuing candidates as follows:
1. Transfer each vote cast for each candidate eliminated in the second round to the continuing candidate who, as marked on the same elector's ballot, has
the highest ranking of all of the continuing candidates. If the elector's ballot is exhausted, his or her vote for an eliminated candidate shall not apply to
any candidate.
2. Transfer each vote that was transferred to the eliminated candidate after a previous round to the continuing candidate who, as marked on the same
elector's ballot, has the highest ranking of all of the continuing candidates. If the elector's ballot is exhausted, his or her vote shall not apply to any
candidate.
3. Transfer the previously transferred portion of any successful vote that was transferred to the eliminated candidate after the previous round to the
continuing candidate who, as marked on the same elector's ballot, has the highest ranking of all of the continuing candidates. If the elector's ballot is
exhausted, the previously transferred portion of his or her vote shall not apply to any candidate.
(11) For subsequent rounds of vote counting: Repeat the steps set out in subsections (7) to (1 0), with necessary modifications, until the number of continuing
candidates equals the remaining number of candidates to be elected to the office, or until only two continuing candidates remain. Then take the following steps:
1. If the number of continuing candidates equals the remaining number of candidates to be elected to the office, take no further steps under this section
and, as soon as possible after voting day, the clerk shall declare those candidates to be elected.
2. If only two continuing candidates remain, the clerk shall, as soon as possible after voting day, declare the candidate with the most votes, including
transferred votes, to be elected.
(12) The amounts referred to in paragraphs 1 and 2 of subsection (5) and paragraphs 1, 2 and 4 of subsection (9) shall be calculated to four decimal places,
ignoring any remainder.
Resolution of a tie vote, election of more than one candidate
27. (1) In a ranked ballot election in which more than one candidate is to be elected to an office, if there is a tie between two or more candidates with votes
that equal or exceed the threshold, the tie is resolved in accordance with the following rules:
1. In the first round of vote counting, the tie is resolved by Jot and the candidate chosen by lot is deemed to have the greatest number of votes in the
·current round.
2. In the second and any subsequent round,
i. the candidate who had the greatest number of votes in the preceding round is deemed to have the greatest number of votes in the current round,
ii. if the candidates who are tied in the current round were tied in the preceding round, the candidate who had the greatest number of votes iri the round
before the preceding round is deemed to have the greatest number of votes in the current round, and
iii. if the candidates who are tied in the current round were tied in all preceding rounds, the tie is resolved by Jot and the candidate chosen by lot is
deemed to have the greatest number of votes in the current round.
3. The clerk shall record the details of the resolution of any tie, and the resolution shall be re-used in any recount.
(2) In a ranked ballot election in which more than one candidate is to be elected to an office, if there is a tie between two or more candidates with the fewest
votes, the tie is resolved in accordance with the following rules:
1. In the first round of vote counting, the tie is resolved by lot and the candidate chosen by lot is deemed to have the fewest votes.
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2. In the second and any subsequent round,
i. the candidate with the fewest votes in the preceding round is deemed to have the fewest votes in the current round,
ii. if the candidates who are tied in the current round were tied in the preceding round, the candidate with the fewest votes in the round before the
preceding round is deemed to have the fewest votes in the current round, and
iii. if the candidates who are tied in the current round were tied in all preceding rounds, the tie is resolved by lot and the candidate chosen by lot is
deemed to have the fewest votes in the current round.
INFORMATION ABOUT ELECTION RESULTS
Report following election
28. As soon as possible after voting day, the clerk shall make the following information about the election for an office available to the public on a website or
in another electronic format:
1. The number of ballots cast.
2. The number of ballots that were declined.
3. The number of ballots in which the votes for the office were rejected.
4. The threshold calculated under section 19 for the office.
5. The number of votes cast for each candidate at the first round of vote counting.
6. The results of each round of vote counting, including the number of votes received by each continuing candidate for the round and the number of
exhausted ballots.
VARIATIONS TO THE ACT
Ranked ballot election only
29. The variations to the Act set out in Schedule 1 apply with respect to circumstances where a ranked ballot election does not occur concurrently with an
election that is not a ranked ballot election.
Ranked ballot election concurrent with non-ranked ballot election
30. The variations to the Act set out in Schedule 2 apply with respect to circumstances where a ranked ballot election occurs concurrently with an election that
is not a ranked ballot election.
31. OMITTED (PROVIDES FOR COMING INTO FORCE OF PROVISIONS OF THIS REGULATION).
SCHEDULE 1
VARIATIONS TO THE ACT-RANKED BALLOT ELECTIONS
Variations to section 47 of the Act
1. (1) The reference to "clause 55 (1) (d)" in clause 47 (5) (a) of the Act shall be read as a reference to "paragraph 2 of subsection 54 (1 )".
(2) The references to "the deputy returning officer" in clauses 47 (5) (e) and (h) of the Act shall be read as references to "the clerk".
(3) Clause 47 (5) (g) of the Act does not apply.
(4) The reference to "clause 55 (1) (c)' in clause 47 (5) (h) of the Act shall be read as a reference to "clause 55 (1) (b)'.
Variation to section 51 of the Act
2. Paragraph 3 of subsection 51 (2) of the Act does not apply.
Variation to section 52 of the Act
3. Clause 52 (3) (a) of the Act does not apply.
Variations to section 54 of the Act
4. Section 54 of the Act shall be read as follows:
Counting of votes
54. (1) Immediately after the close of voting on voting day, the following steps shall be taken:
1. The deputy returning officer shall seal the ballot box for his or her voting place so that ballots cannot be deposited in or withdrawn from it without
breaking the seal.
2. The d.eputy returning officer shall deliver the ballot box to the clerk.
3. The clerk shall, as soon as possible after receiving the ballot boxes, open the boxes and proceed to count votes in accordance with Ontario Regulation
310/16.
Rejection of votes in a ballot
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(2) The clerk shall reject from the count all votes in a ballot, if the ballot,
(a) was not supplied by the deputy returning officer; or
Page 10 of 15
(b) contains writing or marks that may identify the elector, or is torn, defaced or otherwise dealt with by the elector in a way that may identify hirn or her.
Rejection of votes for an office
(3) The clerk shall reject from the count the votes in the ballot for an office,
(a) if the ballot is marked to indicate that more than one candidate for the office has been given the highest ranking;
(b) if all rankings for the office are marked outside the space provided for marking the ballot; or
(c) if no rankings have been assigned to any candidate for the office.
Objections
(4) A scrutineer or certified candidate may object to a ballot, or to the counting of some or all votes in a ballot, on the ground that the ballot or votes do not
comply with the rules set out in subsections {2) and (3).
Duty of the clerk
(5) The clerk shall,
(a) decide all objections;
{b)' establish a list in which the objections are summarized and individually numbered; and
(c) write the number of each objection on the back of the relevant ballot and initial the number.
Variations to section 55 of the Act
5. (1) Subsection 55 (1) of the Act shall be read as follows:
Clerk's duties re ballot box
(1) As soon as possible after counting the votes, the clerk shall,
(a) place the ballots and all other materials and documents related to the election in a ballot box; and
(b) seal the ballot box so that ballots cannot be deposited in or withdrawn from it without breaking the seal.
(2) Subsections 55 {2) to (5) of the Act do not apply.
Variation to section 57 of the Act
6. Subclause 57 (1)(a) (i) of the Act shall be read without "or specified".
Variations to section 58 of the Act
7. Subsection 58 (3) of the Act shall be read as follows:
Order, notice
(3) If satisfied that there are sufficient grounds for it, the court shall make an order requiring the clerk to hold a recount of the votes cast for all candidates and
shall give the clerk a copy of the order as soon as possible.
Variation to section 59 of the Act
8. Section 59 of the Act does not apply.
Variations to section 60 of the Act
9. Subsection 60 {2) of the Act shall be read as follows:
Rules re recount
{2) A recount shall be conducted in accordance with the following rules:
1. The clerk shall give notice of the recount to,
i. every certified candidate for an office that is the subject of the recount,
ii. in the case of a recount requested under subsection 57 (1 ), the council, local board or Minister, as the case may be, and
iii. in the case of a recount ordered under section 58, the applicant.
2. The clerk shall open the ballot boxes and conduct a recount of all votes for all candidates.
3. The clerk shall reject from the count all votes in a ballot, if the ballot,
i. was not supplied by the deputy returning officer, or
ii. contains writing or marks that may identify the elector, or is torn, defaced or otherwise dealt with by the elector in a way that may identify him or her.
4. The clerk shall reject from the count the votes in the ballot for an office,
i. if the ballot is marked to indicate that more than one candidate for the office has been given the highest ranking,
ii. if all rarikings for the office are marked outside the space provided for marking the ballot, or
iii. if no rankings have been assigned to any candidate for the office.
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Variations to section 62 of the Act
10. (1) Clause 62 (1) (b) of the Act shall be read as follows:
(b) ifthere are disputed ballots,
(i) announce the number of them, and
(ii) write the number of the voting place on the back of, and initial, each disputed ballot, place them in a separate envelope clearly marked so as to
indicate its contents, and seal the envelope.
(2) Subsection 62 (3) of the Act does not apply.
Variations to section 63 of the Act
11. (1) The reference to "a recount limited to the disputed ballots' in subsection 63 (1) of the Act shall be read as a reference to "a detennination of the validity
of the disputed ballots and for a recounr:
(2) Subsections 63 (2), (4), (5), (6) and (8) of the Act shall be read as follows:
Who may apply
(2) Subsection (1) applies to a certified candidate or an applicant under section 58.
Summary procedure
(4) The application shall be dealt with in a summary manner, without application records or factums.
Clerk to attend court
(5) The clerk shall attend court on the hearing of the application and provide the court with,
(a) a certified copy of the result of the recount conducted by the clerk;
(b) the sealed envelope containing the disputed ballots from the recount conducted by the clerk; and
(c) any other documents relating to the election that are relevant to the application.
Duty of court
(6) If the court detennines that a recount is required, the court shall,
Order
(a) detennine the validity of the disputed ballots;
(b) require a recount of the votes with respect to all candidates for the office that is the subject of the recount;
(c) require the clerk to conduct the recount;
(d) return to the clerk the material provided under subsection (5); and
(e) require the clerk to report the results of the recount to the court.
(8) When the recount is complete and the clerk reports the results to the court, the court shall,
(a) make an order incorporating its decisions under subsection (6); and
(b) announce to the persons present,
(i) the result of the recount, and
(ii) how the .court dealt with the disputed ballots.
Variation to section 64 of the Act
12. The reference to "under section 55' in subsection 64 ( 1) of the Act shall be read as a reference to "under section 24 or 26 of Ontario Regulation 31 0/16'.
Variation to section 88 of the Act
13. The reference to "under section 55" in subsection 88 ( 1) of the Act shall be read as a reference to "under section 24 or 26 of Ontario Regulation 31 0/16".
SCHEDULE 2
VARIATIONS TO THE ACT-RANKED BALLOT ELECTIONS CONCURRENT WITH NON-RANKED
BALLOT ELECTIONS
GENERAL
Application
1. The variations to the Act that are set out in sections 2 to 6 of this Schedule apply with respect to the election that is a ranked ballot election and the election
that is not a ranked ballot election.
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Variations to section 47 of the Act
2. (1) The reference to "clause 55 (1) (d)" in clause 47 (5) (a) of the Act shall be read as a reference to "clause 54 (6) (d)".
(2) Clauses 47 (5) (e), (f) and (h) of the Act shall be read as follows:
(e) to examine each ballot as the votes are being counted by the deputy returning officer under section 54 or by the clerk under section 55 (but not to
touch the ballot);
(f) to object to a ballot or to the counting of votes in a ballot under subsection 54 (4) in respect of an election that is not a ranked ballot election or under
subsection 55 (5) in respect of a ranked ballot election;
(h) to place his or her own seal on the ballot box after the counting of the votes, when the deputy returning officer seals the box under clause 54 (6) (c) or
when the clerk seals the box under clause 55 (7) (b), so that ballots cannot be deposited or withdrawn without breaking the seal.
Variations to section 54 of the Act
3. Section 54 of the Act shall be read as follows:
Rules re non-ranked ballot elections
54. (1) This section applies with respect to an election that is not a ranked ballot election.
Counting of votes
(2) Immediately after the close of voting on voting day, the deputy returning officer shall open the ballot box for his or her voting place and proceed to count,
(a) in the case of an election for office, the number of votes for each candidate;
' (b) in the case of an election to obtain the assent of the electors to a by-law, the number of votes in favour of the by-law and the number opposed to it; and
(c) in the case of an electio~ to obtain the opinion of the electors on any question, the number of votes for each possible answer to the question.
Rejection of ballots
(3) The deputy returning officer shall reject from the count all ballots and votes in a ballot that do not comply with the prescribed rules.
Objections
(4) A scrutineer or certified candidate may object to a ballot, or to the counting of some or all votes in a ballot, on the ground that the ballot or votes do not
comply with the prescribed rules.
Duty of deputy returning officer
(5) The deputy returning officer shall,
(a) decide all objections;
(b) establish a list in which the objections are summarized and individually numbered; and
(c) write the number of each objection on the back of the relevant ballot and initial the number.
Delivery of ballot box to clerk
(6) As soon as possible after counting the votes, the deputy returning officer shall,
(a) prepare a statement, in duplicate, showing the results of the election at the voting place;
(b) place the ballots and all other materials and documents related to the election, except the original statement of results, in the ballot box;
(c) seal the ballot box so that ballots cannot be deposited in or withdrawn from it without breaking the seal; and
(d) deliver the original statement of results and the ballot box to the clerk.
Copies of statement
(7) A scrutineer or certified candidate is entitled to receive a copy of the statement of results from the clerk, on request.
Results of elections
(8) The clerk shall determine the results of the election by compiling the statements of results received from the deputy returning officers.
Declaration
(9) The clerk shall, as soon as possible after voting day,
(a) declare the candidate or candidates, as the case may be, who received the highest number of votes to be elected; and
(b) declare the result of any vote on a by-law or questi.on.
Information to be made available
(1 D) As soon as possible after voting day, the clerk shall make the following information available at no charge for viewing by the public on a website. or in
another electronic format:
1. The number of votes for each candidate.
2. The number of declined and rejected ballots.
3. The number of votes for the affirmative or negative on a by-law or question.
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Examination of documents and materials
(11) Despite subsection 88 (6.1), the clerk may, if he or she considers it necessary in order to interpret the statement of results, examine any bf the
documents and materials in a ballot box in the presence of the relevant deputy returning officer.
Variations to section 55 of the Act
4. Section 55 of the Act shall be read as follows:
Rules re ranked ballot elections
55. (1) This section applies with respect to a ranked ballot election.
Counting of votes
(2) As soon as possible after receiving the ballot box from the deputy· returning officer under clause 54 (6) (d), the clerk shall open the box and proceed to
count votes in respect of the ranked ballot election in accordance with Ontario Regulation 310/16.
Rejection of votes in a ballot
(3) The clerk shall reject from the count all votes in a ballot, if the ballot,
(a) was not supplied by the deputy returning officer; or
(b) contains writing or marks that may identify the elector, or is tom, defaced or otherwise dealt with by the elector in a way that may identify him or her.
Rejection of votes for an office
(4) The clerk shall reject from the count the votes in the ballot for an office,
(a) if the ballot is marked to indicate that more than one candidate for the office has been given the highest ranking;
(b) if all rankings for the office are marked outside the space provided for marking the ballot; or
(c) if no rankings have been assigned to any candidate for office.
Objections
(5) A scrutineer or certified candidate may object to a ballot, or to the counting of some or all votes in a ballot, on the ground that the ballot or votes do not
comply with the rules set out in subsections (3) and (4).
Duty of the clerk
(6) The clerk shall,
(a) decide all objections;
(b) establish a list in which the objections are summarized and individually numbered; and
(c) write the number of each objection on the back of the relevant ballot and initial the number.
Clerk's duties after counting
[1) As soon as possible after counting the votes,' the clerk shall,
(a) place the ballots and all other materials and documents related to the election in a ballot box; and
(b) seal the ballot box so that ballots cannot be deposited in or withdrawn from it without breaking the seal.
Variations to section 64 of the Act
5. Subsection 64 (1) of the Act shall be read as follows:
Right to sit pending final disposition
(1) A candidate who has been declared elected under section 24 or 26 of Ontario Regulation 310/16, in respect of a ranked ballot election, or under section
55 of this Act as modified by Schedule 2 of that Regulation, in respect of an election that is not a ranked ballot election, is entitled to sit and vote on the council or
local board until the recount and all applications under this Act have been finally disposed of and a different candidate has been declared elected.
Variations to section 88 of the Act
6. Subsection 88 (1) of the Act shall be read as follows:
120-day retention period
(1) The clerk shall retain the ballots and all other documents and materials related to an election for 120 days after declaring the results of the election under
section 24 or 26 of Ontario Regulation 310/16, in respect of a ranked ballot election, or under section 55 of this Act as modified by Schedule 2 of that Regulation,
in respect of an election that is not a ranked ballot election.
FOR THE ELECTION THAT IS NOT A RANKED BALLOT ELECTION
Application: variation to section 47 of the Act
7. The following variations to the Act apply with respect to the election that is not a ranked ballot election:
1. The reference to "clause 55 (1) (a)" in clause 47 (5) (g) of the Act shall be read as a reference to "clause 54 (6) (a)".
FOR THE ELECTION THAT IS A RANKED BALLOT ELECTION
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Application
B. The variations to the Act that are set out in sections 9 to 17 of this Schedule apply with respect to the election that is a ranked ballot election.
Variation to section 47 of the Act
9. Clause 47 (5) (g) of the Act does not apply.
Variation to section 51 of the Act
10. Paragraph 3 of subsection 51 (2) of the Act does not apply.
Variation to section 52 of the Act
11. Clause 52 (3) (a) of the Act does not apply.
Variation to section 57 of the Act
12. Subclause 57 (1) (a) (i) of the Act shall be read without "or specified".
Variations to section 58 of the Act
13. Subsection 58 (3) of the Act shall be read as follows:
Order, notice
(3) If satisfied that there are sufficient grounds for it, the court shall make an order requiring the clerk to hold. a recount of the votes cast for all candidates and
shall give the clerk a copy of the order as soon as possible.
Variation to section 59 of the Act
14. Section 59 of the Act does not apply.
Variations to section 60 of the Act
15. Subsection 60 (2) of the Act shall be read as follows:
Rules re recount
(2) A recount shall be conducted in accordance with the following rules:
1. The clerk shall give notice of the recount to,
i. every certified candidate for an office that is the subject of the recount,
ii. in the case of a recount requested under subsection 57 (1 ), the council, local board or Minister, as the case may be, and
iii. in the case of a recount ordered under section 58, the applicant.
2. The clerk shall open the ballot boxes and conduct a recount of all votes for all candidates.
3. The clerk shall reject from the count all votes in a ballot, if the ballot,
i. was not supplied by the deputy returning officer, or
ii. contains writing or marks that may identify the elector, or is tom, defaced or otherwise dealt with by the elector in a way that may identify him or her.
4. The clerk shall reject from the count the votes in the ballot for an office,
i. if the ballot is marked to indicate that more than one candidate for the office has been given the highest ranking,
ii. if all rankings for the office are marked outside the space provided for marking the ballot, or
iii. if no rankings have been assigned to any candidate for the office.
Variations to section 62 of the Act
16. (1) Clause 62 (1) (b) of the Act shall be read as follows:
(b) if there are disputed ballots,
(i) announce the number of them, and
(ii) write the number of the voting place on the back of, and initial, each disputed ballot, place them in a separate envelope clearly marked so as to
indicate its contents, and seal the envelope.
(2) Subsection 62 (3) of the Act does not apply.
Variations to section 63 of the Act -
17. (1) The reference to "a recount limited to the disputed ballots" in subsection 63 (1) of the Act shall be read as a reference to "a determination of the validity
of the disputed ballots and for a recount".
(2) Subsections 63 (2), (4), (5), (6) and (8) of the Act shall be read as follows:
Who may apply
(2) Subsection (1) applies to a certified candidate or an applicant under section 58.
Summary procedure
https:!/www.ontario.ca/laws/regulation/16031 0 10/7/2016
23
24
0. Reg. 310/16: RANKED BALLOT ELECTIONS
(4) The application shall be dealt with in a summary manner, without application records or factums.
Clerk to attend court
(5) The clerk shall attend court on the hearing of the application and provide the court with,
(a) a certified copy of the result of the recount conducted by the clerk;
(b) the sealed envelope containing the disputed ballots from the recount conducted by the clerk; and
(c) any other documents relating to the election that are relevant to the application.
Duty of court
(6) If the court determines that a recount is required, the court shall,
Order
(a) determine the validity of the disputed ballots;
(b) require a recount of the votes with respect to all candidates for the office that is the subject of the recount;
(c) require the clerk to conduct the recount;
(d) return to the clerk the material provided under subsection (5); and
(e) require the clerk to report the results of the recount to the court.
(B) When the recount is complete and the clerk reports the results to the court, the court shall,
(a) make an order incorporating its decisions under subsection (6); and
(b) announce to the persons present,
(i) the result of the recount, and
(ii) how the court dealt with the disputed ballots.
https://wWw.ontario.ca/laws/regulation/16031 0
Page 15 of 15
10/7/2016
---CJ:g 6#___..,..---
PI KERJNG
Report to
Executive Committee
Report Number: ENG 20-16
Date: December 5, 2016
From:
Subject:
Richard Holborn
Director, Engineering Services
Accessible Parking Space Requirements Update
-Amendment to Traffic and Parking By-law 6604/05
File: A-1440
Recommendation:
1. That the attached draft by-law be enacted to amend By-law 6604/05 to provide for the
regulation of traffic and parking on highways, private property and municipal property within
the City of Pickering, specifically to provide for an extensive update on the accessible
parking requirements.
2. That the appropriate officials of the City of Pickering be authorized to take the necessary
actions as indicated in this report.
Executive Summary: At the January 19, 2015 Council meeting, Pickering Council passed
Resolution #9/15 requesting that staff initiate a public consultation process on proposed
amendments to By-law 6604/05 regarding accessible parking space requirements in the City of
Pickering. The public consultation consisted of the creation of a webpage on the City's website
with detailed information on the proposed changes. Residents were informed of the web page
through a City media release, social media, and a community page ad in the local newspaper.
City staff also engaged residents through various City events and have consulted with other
municipalities. The Pickering Accessibility Advisory Committee and the City's Accessible Core
Staff Committee have been advised of all findings throughout all aspects of the consultation
process.
Primarily, feedback was received through the public consultation process, with the majority of
respondents being in favour of the proposed changes. Therefore, based on the results of the
public consultation for accessible parking spaces, City staff recommend the amendment to By-law
6604/05 with the amendments summarized in this report.
Financial Implications: There are no financial implications with the enactment of the proposed
By-law amendment. However, all future development and major redevelopments must comply
with the new requirements for accessible parking as set out in this report.
25
26
ENG 20-16
Subject: Accessible Parking Space Requirements Update
Amendment to Traffic and Parking By-law 6604/05
December 5, 2016
Page 2
Discussion: At the January 19, 2015 Council meeting, Pickering Council passed
Resolution #9/15 to Report ENG 01-15 (see Attachment 1) requesting that staff initiate a public
consultation process on the proposed amendments to By-law 6604/05 as presented in Report
ENG 01-15 regarding accessible parking space requirements in the City of Pickering.
The key proposed amendments to the By-law as presented in Report ENG 01-15 were as follows
and are presented in more detail in Attachment 2:
1. A City-wide adoption of the minimum accessible parking space requirements as
presented in the Accessibility for Ontarians with Disabilities Act (AODA)
The AODA requirements approximately double the existing requirements for accessible parking
within the City of Pickering.
2. Allow for different types of Accessible Parking Spaces as described in the AODA
· The City currently only allows for one type of accessible parking space, which must have a
minimum width of 4.0 metres, and a minimum length of 5.3 metres
The AODA requires the establishment of two types of parking spaces for the use of persons with
disabilities, as follows:
• Type 'A': parking space which has a minimum width of 3.4 metres for vehicles that require
space for the use of a wheelchair.
• Type 'B': parking space which has a minimum width of 2.4 metres for persons with a disability
that do not require the extra space for a wheelchair.
Access aisles are to be used with both Type 'A" and Type 'B' spaces and may be shared by two
parking spaces for the use of persons with disabilities in an off-street parking facility and, must be
a minimum width of 1.5 metres, extend the full length of the parking space, and be marked with
diagonal lines, which discourages parking in them.
3. Pavement Marking Detail
The City's current pavement marking standard for accessible parking spaces requires a
designated space to be hard surfaced and the entire space to be painted with non-slip paint in
bright blue, with the universal symbol of access overlaid in white or yellow paint.
It is recommended that the pavement marking for accessible parking spaces be modified so that it
consists of only the International Symbol of Accessibility painted in white or yellow paint overlaid
on a bright blue background with a white or yellow border, with a minimum size of 1.4 metres in
width and 1.4 metres in length.
CORP0227-07/01 revised
ENG 20-16
Subject: Accessible Parking Space Requirements Update
Amendment to Traffic and Parking By-law 6604/05
December 5, 2016
Page 3
Public Consultation was completed through a variety of methods to engage residents on
the proposed changes to the By-law
In response to Resolution #9/15, City staff completed a public consultation process on the
proposed accessible parking space requirements. The public consultation was completed by
performing the following tasks:
1. Provided detailed information on the proposed changes through a webpage on the City's
website with a survey (active from March 16, 2016 to May 15, 2016), and notified the public of
the website through:
• a News Release, completed on March 16, 2016
• community page ad (News Advertiser), posted on March 16, 2016
• the City's Facebook and Twitter accounts posted on March 16, 2016
The survey that was active on the City's website is provided in Attachment 3.
2. Engaged residents during the Active Living Fair at the East Shore Community Centre event for
ad u Its over the age of 55 on March 31 , 2016
3. Engaged residents at the Artfest & Your City events on May 30, 2016, allowing residents to fill
out an optional questionnaire if they wished to do so.
4. Speaking with residents about the proposed changes at other City events such as Canada
Day, Ribfest and the 32nd Annual Durham Regional Police Children's Games.
5. Continued communication in meetings with the Pickering Accessibility Advisory Committee and
the City's Accessible Core Staff Committee regarding the consultation process.
6. Consulted with other municipalities within the Greater Toronto and Hamilton Area
7. Consulted with the City's Municipal Law Enforcement and City Development staff
Feedback regarding the proposed changes to the By-law were generally positive with the
high majority of residents being in favour
Primarily; feedback through the public consultation process, with the majority of respondents
being in favour of the proposed changes. The main criticism received from the public with respect
to accessible parking spaces was the abuse of existing accessible parking spaces. In light of this,
Municipal Law Enforcement staff was advised of this concern.
Enforcement of accessible parking space use is one of the core functions of parking enforcement.
City of Pickering Parking Control Officers actively enforce accessible spaces on both city and
private property. In addition, private security officers licensed by the City to monitor parking
enforcement on private property sites, such as the Pickering Town Centre or private residential
conpominiums conduct extensive enforcement of accessible parking spaces.
CORP0227-07/01 revised
27
28
ENG 20-16
Subject: Accessible Parking Space Requirements Update
Amendment to Traffic. and Parking By-law 6604/05
December 5, 2016
Page 4
The following amendments to the Traffic and Parking By-law 6604/05 are recommended as a
result of comments received through the public cons·ultation process:
1. Add a provision for the Director, Engineering Services or a designate to temporarily designate
accessible parking spaces to create temporary accessible parking on any highway or City
maintained off-street parking facility, and have it enforceable by Municipal Law Enforcement
staff (Section 9 clause (f))
2. Modified provision so that the entire parking space does not have to be painted with a bright
blue background and rather only the International Symbol of Access has to be painted with the
symbol having a minimum size of 1.4 metres in width and 1.4 metres ·in length (Section 24,
Subsection 8, Clause (b)
3. Add a provision for the requirement of a minimum of 10 percent of the required parking spaces
for a medical office established after December 12, 2016 (Section 24, Subsection 5, clause
(b))
4. Add a provision for the City to designate accessible parking spaces that exceed the number
prescribed in the by-law, should the use on site necessitate additional spaces, and for those
extra spaces to be a size as approved by the City (Section 24, Subsection 5, clause (c))
5. Add a provision so that no person can park a vehicle that obstructs accessible access aisles
and accessible paths of travel in addition to an accessible parking space (Section 24,
Subsection 11)
6. Wording changes, including definitions, to bring the by-law into compliance with today's
standards (example: disabled person becomes person with a disability).
Therefore, based on feedback received through the public consultation process for accessible
parking spaces, City staff recommend the amendment to By-law 6604/05 with the modifications
summarized in this report. The draft by-law amendment is presented in Attachment 4.
Attachments:
1. Report ENG 01-15 (without attachments) and Council Resolution #9/15
2. Key Changes to the City of Pickering Accessible Parking Spaces Requirements
3. Accessible Parking Questionnaire
4. Proposed By-law 6604/05 Amendment
CORP0227-07/01 revised
Report ENG 01-15 January 12, 2015
Subject: Review of Accessible Parking Space Requirements
in the City of Pickering
·Page 2
with the Accessibility Advisory Committee, business owners, and other stakeholders. ·At
the conclusion of the public consultation process, recommended amendments to the
Traffic and Parking By-law 6604/05 with respect to accessible parking spaces will be
prepared for City Council's consideration.
·Financial Implications: The recommendations in this report do not present any
financial implications·.
Discussion: At the March 25, 2013 Council meeting, the Accessipility
Advisory Committee presented Correspondence 10-13 (see Attachment #1) and
requested that By-law 6604/05, which regulates traffic and parking on highways, private
property and municipal properties in the city, be amended to increase the number of
required accessible parking spaces in the City of Pickering to 15 percent of the total
number of available parking spaces.
Pickering Council passed Resolution #45/13 (see Attachment #2) requesting that staff
review the accessible parking space requirements within the City, to better meet the
needs of persons with a disability.
In response to Resolution #45/13, staff have undertaken a review of the accessible
parking requirements as part of an ongoing effort to ensure that all accessible parking
spaces in the City of Pickering are appropriately provided, marked and maintained.
Based on staffs review, the following amendments are being proposed:
• increase the minimum number of off-street accessible parking spaces required on
public and private properties
• improve the pavement marking detail required for accessible parking spaces
• introduce two types of off-street accessible parking spaces
All suggested modifications to accessible parking space requirements contained within
this report are consistent with The Accessibility for Ontarians with Disabilities Act and
the Highway Traffic Act.
A City-wide adoption of 15 percent for accessible parking spaces is not
recommended
The correspondence submitted by the Accessibility Advisory Committee,
Correspondence 10-13 (see Attachment #1 ), recommended that the City increase its
by-law provision for accessible parking spaces to 15 percent of the total parking spaces
required. _In support of this recommendation, the Committee cited Statistics Canada
CORP0227-07/01 revised
65
31
66
32
Report ENG 01-15
Subject: Review of Accessible Parking Space Requirements
in the City of Pickering
January 12, 2015
Page 3
findings that 34.6 percent of the population report a disability, and that 14.5 percent of ·
those people report a disability associated with mobility impairment.
It should be noted, however, that the Statistics Canada findings do not support an
access.ible parking standard of 15 percent. Instead, these findings suggest that
approximately 5.0 percent of the population (i.e. 14.5 percent of 34.6 percent) report a
disability associated with mobility impairment.
Furthermore, as of April30, 2014, the Accessible Parking Permits Office of Service
Ontario reports that there are 4,108 accessible parking permits issued within the City,
representing approximately 4.5 percent of the City's population (based on an estimated
population of 91 ,333 persons).
The City has been implementing new parking requirements at municipal facilities
as required by the Accessibility for Ontarians with Disabilities Act
The accessible parking requirements for municipal facilities has recently been legislated
through the enactment of The Accessibility for Ontarians with Disabilities Act (AODA).
The AODA is applicable to the Government of Ontario,· the Legislative Assembly and
every designated public sector organization that provides goods and services or
facilities to the public or other third parties. The implementation of the Act respecting
accessible parking is being phased in for public sector organizations, such as the City of
Pickering, to commence on January 1, 2016, when building new or making major
changes to existing parking spaces.
The requirements for accessible parking according to the AODA are presented in detail
in Attachment #3. The AODA requirements, on average, double the existing
requirements for accessible parking_ in the City of Pickering.
Recent observations indicate that accessible parking spaces at City facilities are
well used
To determine if existing accessible parking spaces at City facilities are being well used,
staff completed observations at the Pickering Recreation Complex and the Pickering
Civic Complex between June and July 2014, in the morning, afternoon and evening
hours. Both of these facilities have accessible parking sections, which exceed what is
required in the AODA.
·The Pickering Recreation Complex has 13 accessible parking spaces for the main
entrance fronting Valley Farm Road (AODA requires 7 accessible spaces). The
Pickering Civic Complex has 5 accessible spaces in the parking lot off of The
Espl"anade South and 2 accessible spaces in the loop at the front of the Civic Complex
off of Glenanna Road for a total of 7 accessible spaces (AODA requires 6 accessible
spaces).
CORP0227-07/01 revised
Report ENG 01-15
Subject: Review of Accessible Parking Space Requirements
· in the City of Pickering
-------· --------
January 12, 2015
Page 5
Therefore, City staff recommend that the pavement marking for accessible parking
spaces be modified so that it consists of only the _International Symbol of Accessibility
painted in white or yellow paint overlaid on a bright blue background with a white or
yellow border, with a total minimum size of 1.4 metres in width and 1.4 metres in length.
Different types of accessible parking spaces are recommended
The City currently only allows for one type of accessible parking space, which must
have a minimum width of 4.0 metres, and a minimum le~gth of 5.3_metres.
The AODA requires the establishment of two types of parking spaces for the use of
persons with disabilities, as follows:
• AODA Type 'A': parking space which has a minimum width of 3.4 metres forvehicles
that require space for the use of a wheelchair
• AODA Type 'B': parking space which has a minimum width of 2.4 metres for persons
with a disability that do not require the extra space for a wheelchair ·
Access aisles may be shared by two parking spaces for the use of persons with
disabilities-in an off-street parking facility and, according to the AODA, must meet the
following requirements:
• a minimum width of 1.5 metres
• extend the full length of the parking space
• be marked with diagonal lines, which discourages parking in them, where the
surface is asphalt, concrete or some other hard surface
Staff recognize the benefit of having different types of accessible parking spaces as not
all persons with a disability will require a larger parking space intended for wheelchair
access .. Staff support the use of Type 'A' and Type 'B' accessible parking spaces and
also propose an alternate Type 'A' Shared space to be used in the City.
Currently, the City's current minimum widths for both an accessible parking space and a
standard parking space exceed what is proposed for a Type 'A' and Type 'B' accessible
parking space width _in the AODA. Therefore, it is proposed that the City retain the
existing widths and further proposes the following types of accessible parking spaces to
be used within the City. ·
• Pickering Type 'A': an accessible parking space that has a minimum width of 4.0
metres, which is equivalent to the City's existing standard (shown in Attachment #4).-
No access aisle is required for a Type 'A' space
CORPD227-07/01 revised
Report ENG 01-15 January 12, 2015
Subject: Review of Accessible Parking Space Requirements
in the City of Pickering
Page 6
• Pickering Type 'A' Shared: two accessible parking spaces that have minimum widths
of 3.25 metres, and share an access aisle with a minimum width of 1.5 metres. This
design may be used in place of two Type 'A' spaces (shown in Attachment #5)
• Pickering Type '8': an accessible parking space that has a minimum width of 2.~
metres, which is equivalent to the width of a standard pa~king space within the City
(shown in Attachment #6)
A length of 5.3 metres, equivalent to the current City standard, is recommended for all
accessible parking spaces. · · . .
The Type 'A', Type 'A' Shared with shared access aisles and Type 'B' accessible
parking spaces supported by City staff are to be used together with the proposed
suggestions in Attachment #3 for the total number of required accessible parking
spaces.
Staff request authorization to initiate public consultation on the draft
amendments .
Engineering & Public Works and City Development staff recommend that Council
authorize staff to initiate public consultation on the proposed amendments to the
accessible parking space requirements in the City of Pickering as presented in this
report. Comments will be invited from the public, the Accessibility Advisory Committee, ·
business owners, and other stakeholders. Consultation would be completed by various
means including, but not limited to: ·
• City of Pickering website
• contacting business owners and community residents' associations through regular
mail
• posting at community centres and other City facilities
• newspaper ad
• open house
At the conclusion of the consultation process, recommended changes to the Traffic and
Parking By-law 6604/05 with respect to accessible parking spaces will be prepared for
City Council's consideration. · ·
Attachments:
1. Correspondence 10-13, Accessibility Advisory Committee
2. Directive Memorandum, Resolution #45/13, City of Pickering Parking By-law
CORP0227-07/01 revised
69 35
66
ATTACHt1ENT# / TO REPORT# f.tJf} c)lo -1.((;
.3· of g
Report ENG 01~15 January 12,2015
Subject: Review of Accessible Parking Space Requirements
in the City of Pickering
Page 3
findings that 34.6 percent of the population report a disability, and that 14.5 percent of ·
those people report a disability associated with mobility impairment.
It should be noted, howeve.r, that the ·Statistics Can ad a findings do not support an
access.ible parking standard of 15 percent. Instead, these findings suggest that
approximately 5.0 percent of the population (i.e. 14.5 percent of 34.6 percent) report a
disability associated with mobility impairment.
Furthermore, as of Aprii 30, 20i4, the Accessibie Parking Permits Office of Service
Ontario reports that there are 4,108 accessible parking permits issued within the City,
representing approximately 4.5 percent of the City•s population (based on an estimated
population of 91,333 persons).
The City has been implementing new parking requirements at municipal facilities
as required by the Accessibility for Ontarians with Disabilities Act
lhE;! accessible parking requirements for municipal facilities has recently been legislated
through the enactment of The Accessibility for Ontarians with Disabilities Act (AODA).
The AODA is applicable to the Government of Ontario,· the Legislative Assembly and
every designated public sector organization that provides goods and services or
facilities to the public or other third parties. The implementation of the Act respecting
accessible parking is being phased in for public sector organizations, such as the City of
Pickering, to commence on January 1, 2016, when building new or making major
changes to existing parking spaces.
The requirements for accessible parking according to the AODA are presented in detail
in Attachment #3. The AODA requirements, on average, double the existing
requirements for accessible parking in the City of Pickering.
Recent observations indicate that accessible parking spaces at City facilities are .
well used
To determine if existing accessible parking spaces at City facilities are being well used,
staff completed observations at the Pickering Recreation Complex and the Pickering
Civic Complex between June and July 2014, in the morning, afternoon and evening
hours. Both of these facilities have accessible parking sections, which exceed what is
required in the AODA.
·The Pickering Recreation Complex has 13 accessible parking spaces for the main
entrance fronting Valley Farm Road (AODA requires 7 accessible spaces). The
Pickering Civic Complex has 5 accessible spaces in the parking lot off of The
Espranade South and 2 accessible spaces in the loop at the front of the Civic Complex
off of Glen anna Road for a total of 7 accessible spaces (AODA requires 6 accessible
spaces).
CORP0227-07/01 revised
39
40
Report ENG 01-15
ATTACHMEN~ rs REPORT# __ (_Nr?J 8-o ·-lC,
January 12, 2015
Subject: Review of Accessible Parking Space Requirements
in the City of Pickering
Page 4
During the review of the accessible parking spaces atthe Pickering Recreation
Complex, it was noted that they were well used, having an average of approximately 4
vehicles on-site at the times surveyed. ·However, spaces in the Civic Complex parking
lot off of The Esplanade South were not as well used, having only one vehicle using the
accessihle spaces provide~ during the times surveyed. In contrast, the front loop at the
Civic Complex, is well utilized due· to location and convenience. However, these spaces
are not used for long periods ·of time as most use it to quickly visit City Hall or to drop-
off/pick-up atthe library.
A City-wide adoption oi the minimum accessible parking space iequiiements as
presented in the Accessibility for Ontarians with Disabilities Act is recommended
Based on observations of accessible parking spaces at City facilities, the request for
additional accessible parking spaces by the Accessibility Advisory Committee, and the
increased accessibility demand, especially for medical office and related uses, staff
suggest that the minimum accessible parking space requirements based on the AODA
be adopted city-wide for all properties subject to the City's Traffic and Parking By-law .
. As stated previously, the AODA requirements, approximately double the existing
requirements for accessible parking within the City of Pickering. The suggested
requirements for accessible parking according to the AODA are presented in detail in
Attachment #3.
Similar to the existing requirements, these parking requirements shall not apply to
residential developments consisting of less than 10 dwelling units and, for the purpose
of required accessible parking spaces for multi-unit residential developments consisting
of 10 or more dwelling units, the minimum accessible parking requirements shail only
.. apply to residential visitor parking. ·
Pavement marking for accessible parking spaces is recommended to consist only
of the International Symbol of Accessibility with a blue background
The City's current pavement marking standard for accessible parking spaces requires a
designated space to be hard surfaced a,nd the entire space to be painted with non-slip
paint in bright blue, with the universal symbol of access overlai~ in white or yellow paint.
A review of surrounding municipalities and curient best practices indicate that painting
the entire parking space blue is not necessary to convey the message of an accessible
parking space. P?~inting the entire space. is also costly and if not painted periodically,
the paint will c~ack and fade.
CORPD227-07/01 revised
67
42
-·. I -nf'E':loo~.,,., bJlC)~-I(p !.;TTAChMENT#_~ I.""\ I "I,-,·-~·~·-" .
Rep9rt-ENG 01-15 · · ._f£ .of._Q__ January 12,2015
Subject: Review of Accessible Parking Space Requirements
in the City of Pickering
Page 6
• Pickering Type 'A' Shared: two accessible parking spaces that have minimum widths
of 3.25 metres, and share an access aisle with a minimum width of 1.5 metres. This
design may be used in place of two Type 'A' spaces (shown in Attachment #5)
• Pickering Type '8': an accessible parking space that has a minimum width of 2.6
metres, which is equivalent to the width of a standard pa~king space within the City
(shown in Attachment #6)
A 'ength o"' 5 ,., -e"-e---· .:v-·--~ ·-"h"' C' ........ ~~ (";4-,, .... ~anrlarrol is rol"ni"T''I"T''Onnon fnr ';Ill f\ I I ,.) Ill ll :>, l::ljUI Cllt:IJL LV LIt< UIJCIIL VILY <:IL IU '"'• I ...................... """'"" ........ ..
accessible parking spaces. · ·
The Type 'A', Type 'A' Shared with shared access aisles and Type 'B' accessible.
parking spaces supported by City staff are to be used together with the proposed
suggestions in Attachment #3 for the total number of -required accessible parking
spaces.
Staff request authorization to initiate public consultation on the draft
amendments .
Engineering & Public Works and City Development staff recommend that Council
authorize staff to initiate public consultation on the proposed amendments to the
accessible parking space requirements in the City of Pickering as presented in this
report. Comments will be invited from the public, the Accessibility Advisory Committee,
business owners, and other stakeholders. Consultation would be completed by various
means including, but not limited to: ·
• City of Pickering website
• contacting business owners and community residents' associations.through regular
mail
• posting at community centres and other City facilities
• newspaper ad
• open house
At the conclusion of the consultation process, recommended changes to the Traffic and
Parking By-law 6604/05 with respect to accessible parking spaces will be prepared for
City Council's consideration. · ·
Attachments:
1. Correspondence 10-13, Accessibility Advisory Committee
2. Directive Memorandum, Resolution #45/13, City of Pickering Parking By-law
CORP0227-07/01 revised
69
I
:ATTACH,MENT#-c· L TQREPQRT# £/\JC7 2_o .-J ~
-~o~
PJCKERJNG
· ----"-""·"·~ .. I of 5
How many spaces will be required?
Existing Accessible Space
Requirements
Key Changes to the City of Pickering
Accessible Parking Spaces Requirements
Proposed Accessible Parking Space Requirements
Required Required
. Total Number of I Minimum Number. of I
j Total number of j
parking spaces Type 'A' Spaces Type 'B' Spaces
Parking Spaces Designated Parking orovided
Spaces 1-25 1 0
1-50 1 26-50 1 1
51 -100 2 51-75 1 2*
101-150 3 76-100 2 2
151 -200 4 101-133 2 3*
201 -400 5 134-166 3 3
401 -800 6 167-250 3 4*
8 plus 1 for each 251-300 4 4
Over 800 additional 200
parking spaces in
301:.350 4 5*
351-400 5 5
parking lot 401-450 5 6*
451-500 6 6
.501-550 6 7*
551-600 7 7
601-650 7 8*
651-700 0 8 0
701-750 8 9*
751-800 9 9
801-850 9 1 0*
851-900 10 10
900-950 10 11*
951-1000 11 11
1 001 and over 11 spaces plus 1% of the total number
of spaces (rounded up to the next
whole number), to be divided equally
between Types 'A' and '8'. If an
uneven number of spaces is required,
the extra space may be Type '8'
*Where an uneven amount of accessible parking spaces
are required, the extra Type '8' space may be changed to
a Type 'A' space
45
4. Temporary Accessible Parking
The City of Pickering hosts a number of special events each year that require additional
temporary accessible parking spaces (e.g. Canada Day and Ribfest). Are there any specific
parking considerations that would make these events more accessible for those with
disabilities?
5. Number of Accessibie Parking Spaces
The minimum required number of accessible parking spaces has been legislated through the
enactment of the Accessibility for Ontarians with Disabilities Act and will apply to new
developments and existing developments that are undergoing major renovations. Should the
City consider an increased number of accessible parking spaces for developments where there
may be additional demand, e.g. medical offices?
6. Legitimate Use of Accessible Parking Spaces
Accessible parking spaces are intended to accommodate accessibility for persons with
disabilities. Are there any considerations that should be reflected in our Parking By-law to
ensure the appropriate use of accessible parking spaces, or that address qualification or
enforcement procedures?
7. Signage and Visibility of Accessible Parking Spaces
Appropriate signage and design can enhance the visibility of accessible parking spaces. For
example, snow accumulation may hide ground markings. Are there any specific considerations
with respect to signage and visibility of accessible parking spaces that should be reflected in the
new Pickering Parking By-Law? · ·
8. Other Comments
Do you have any further comments regarding the development and implementation of the new
Pickering Parking By-Law, particularly with respect to accessibility?
51
52
The Corporation of the City of Pickering
By-law No.
Being a by-law to amend by-law 6604/05 providing
for the regulating of traffic and parking, standing
and stopping on highways or parts of highways
under the jurisdiction of the City of Pickering and
on private and municipal property.
Whereas, By-law 6604/05, as amended, provides for the regulating of traffic and parking on
highways, private property and municipal property within the City of Pickering, and
Whereas pursuant to the Municipal Act, 2001 and the Highway Traffic Act, by-laws may be
passed by the councils of municipalities to regulate traffic and parking on highways, private
property and municipal property.
Whereas, it is deemed necessary to amend By-law 6604/05 to provide for an update to the·
accessible parking requirements in the City of Pickering.
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. By-law 6604/05 shall be amended by deleting the following sections:
1. (d) "Director" means the City's Director of Operations & Emergency Services or a
designate;
9. The Chief of Police of the Durham Regional Police or a designate and the
Director are authorized to erect or place temporary "No Parking" signs and "No
Stopping" signs on any highway,
24. Section 24, Disabled Person Parking, is deleted in its entirety
42.(b) municipal by-law enforcement officers appointed by the City pursuant to
subsection 15(1) of the Police Services Act.
2. By-law 6604/05 shall be amended by adding the following sections:
1. (a) "AODA" means the Accessibility for Ontarians with Disabilities Act, 2005, S.O.
2005, c. 11 and any regulations passed under it
1. (e) "Director" means the City's Director, Engineering Services or a designate;
3. Unless the term is otherwise defined in this by-law, terms defined in the AODA
shall have the same meanings when used in this by-law.
By-law No.
lf JO REPORT #-SJ-·. f) C).-0 -J (.p
ATTACI-\MENT#rc; ::f _
Page 2
(existing Section 3 through Section 8 is therefore renumbered to Section 4
through Section 9)
9. (e) (previously section 8)
temporarily place "No Parking" or "No Stopping" signs to temporarily create "No
Parking" or "No Stopping" on any highway;
9. (f) (previously section 8)
temporarily designate accessible parking spaces to create temporary
accessible parking, on-any highway or City maintained off-street parking facility
Accessible Parking
24. (1) In this section,
(a) "accessible parking permit" has the same meaning as in Reg. 581,
R.R.O. 1990 as amended in 0. Reg. 419112;
(b) "accessible parking space" means a parking space identified by an
official sign for the exclusive use of a vehicle displaying an accessible
parking permit;
(c) "dwelling" shall mean a building or part of a building containing one or
more dwelling units, but does not include a mobile home or trailer;
(d) dwelling unit" shall mean one or more habitable rooms occupied or
capable of being occupied as a single, independent and separate
housekeeping unit containing a separate kitchen and sanitary facilities;
(e) "person with a disability" has the same meaning as in section 1 of
Reg. 581, R.R.O. 1990, as amended in regulation 0. Reg. 419/12;
(f) "parking lot" means any parking lot or other parking facility, to which the
public has access, whether on payment of a fee or otherwise, for the
purpose of parking vehicles;
(g) "temporary accessible parking" means a parking space, on-street or
off-street, that has been temporarily designated as an accessible parking
space by the Director
(2) An accessible parking permit issued to an individual is not valid when
displayed on a vehicle that is not being used to pick up, drop off, or otherwise
transport the holder of the accessible parking permit.
(3) An accessible parking permit issued to a corporation or organization is not
valid when displayed on a vehicle that is not being used to pick up drop off, or
otherwise transport a person with a disability.
53
56
By-law No. ATTACHMENT#J~ ro REPORT# EAI c, ()o--1 ~
. · -·~~ S of CO ..... . Page 5
(k) be located in a place approved by the City.
(9) Where the City permits a gravel surfaced parking space, each accessible
parking space shall,
(a) be identified with a pre-cast bumper curb across its entire width painted
a bright blue and securely anchored in place; and
(b) meet the requirements of clauses (e) through (k) inclusive of subsection
(8) ..
(1 0) No person shall park a vehicle in an accessible parking space unless,
(a) the vehicle is displaying a valid accessible parking permit; and
(b) the vehicle is being operated by or is transporting the person with a
disability to whom the accessible parking permit has been issued.
(11) No person shall stop a vehicle in a manner that obstructs an accessible
parking space, accessible access aisles, or accessible path of travel.
(12) Where the City permits atemporary accessible parking space, each
accessible parking space shall;
(a) be identified with an official sign and placed on a post, temporary or
permanent, no more than 2 metres above grade; and
(b) meet the requirements of clauses (g) through (k) inclusive of subsection
(8).
(13) Nothing in this by-law shall prevent the maintenance and use of an accessible
parking space that is not in compliance with Section 24 of this by-law after
December 12, 2016, provided that it was lawfully constructed and continues to
be maintained as it was constructed.
42. (b) municipal by-law enforcement officers appointed by the City pursuant to
subsection 15(1) of the Police Services Act or any other City staff whose
duties include the enforcement of this By-law.
47. If a provision of this by-law conflicts with a provision of any applicable Act,
Regulation or By-law, the provision that establishes the higher or more
restrictive standard to protect the health, safety and welfare ofthe general
public shall prevail.
(existing section 47 moves to Section 48)
By-law No.
ATTACHMENT#_:}_ TOREPORT# fi:ltn ;)o ~IV
_*"'lf-..or_[a Page 6
3. By-law passed this 121h day of December, 2016.
David Ryan, Mayor
Debbie Shields, City Clerk
57
58
----Cftt oJ----iJ c~
PlCKERJNG
From: Stan Karwowski
Director, Finance & Treasurer
Subject: 2017 Temporary Borrowing By-law
Recommendation:
Report to
Executive Committee
Report Number: FIN 23-16
Date: December 5, 2016
1. That the temporary borrowing limit of $43,000,000 be established to meet 2017
current expenditures pending receipt of taxes and other revenues for the period of
January 1, 2017 to September 30, 2017 inclusive, and $21,500,000 thereafter until
December 31, 2017;
2. That the temporary borrowing limit for capital purposes for 2017 be established at
$43,000,000;
3. That the attached draft by-law providing for the temporary borrowing of monies be
enacted; and
4. That the appropriate City of Pickering officials be authorized to take the necessary
actions as indicated in this report.
Executive Summary: Staff recommend that Council approve temporary 2017
borrowing limits as set out in the above recommendations. Council approval is required
to undertake temporary borrowings, if necessary, for current operations and capital
projects in order to meet the expenses of the City for 2017, until the taxes are collected
and other revenues are received. Approval is always sought at the end of the City's
fiscal (calendar) year in order to be prepared, in the event that loans are necessary, as
we proceed into the new year. The approval of this report and the attached By-law will
provide the City with financial flexibility to deal with unanticipated negative events. Put
another way, this report provides the City with a financial safety net.
Report FIN 23-16 December 5, 2016
Subje<::t: 2016 Temporary Borrowing By-law Page 2
Financial Implications: At this time, it is difficult to estimate the interest costs as it is
uncertain how much temporary financing may be required and for how long. With
internal borrowings being limited, the City must undertake external borrowing from the
Regional Municipality of Durham (the "Region") in 2017 for approved capital
expenditures. For current purposes, the $42 million limit for January 1 to September
30, 2016 has been increased to.$43 million for January 1 to September 30, 2017 and
the $21 million limit for October 1 to December 31, 2016 has been increased to $21.5
million for October 1 to December 31,2017.
The limit for capital purposes for 2017 has been established at $43 million based on the
draft 2017 Capital Budget dated November 3, 2016. Note that the proposed new
Operations Centre estimated at $24 million is included in the $43 million, and this has
resulted to a higher than average temporary capital borrowing in 2017. The actual
amount to borrow may have to be adjusted once the 2017 Capital Budget has been
approved by Council.
Discussion: The borrowing of funds for current and capital purposes may become
necessary in the normal course of operations during 2017. Under Section 407 of the
Municipal Act, 2001, as amended (the "Act"), Council may pass a by-law to provide for
the temporary borrowing of funds to meet current operating expenditures pending
receip~ of taxes and other revenues of the City. Under the Act, the Corporation may
also undertake temporary borrowings under individual project approvals, and for capital
projects, pending permanent financing.
Current Budget Financing
The amount of such temporary borrowing outstanding at any one time is limited by the
Act, unless otherwise approved by the Ontario Municipal Board, to 50% of the estimated
annual revenues from January 1 to September 30 and to 25% thereafter.
Until the current year's estimates are adopted, the limitation may be calculated upon the
revenues set forth in the estimates adopted for the preceding year. Based upon the
2016 estimates of the Corporation, the allowable level of temporary borrowing
outstanding under the Act is estimated at $43 million from January 1 to September 30
and $21.5 million thereafter.
The requested $43 million should be sufficient to meet the current expenditures of the
City until the levies for 2017 are received. It is expected that this amount will provide a
sufficient level of temporary borrowings, taking into account the potential effects of
taxation legislation and its impact on cash flows.
59
The Corporation of the City of Pickering
By-law No.
Being a by-law to authorize the temporary
borrowing of monies to meet the current and
capital expenditures of the City of Pickering
for the year 2017.
Whereas Section 407(1) of the Municipal Act, 2001, provides that the Council of the
City of Pickering may by by-law authorize the Mayor and Treasurer of the City to borrow
from time to time by way of promissory note such sums as the Council may deem
necessary to meet, until the taxes for the current year are collected and other revenues
are received, the current expenditures of the City for the year, including the amounts
required for principal and interest falling due within the year upon any debt of the City,
and the sums required by law to be provided by the Council for any local board of the
City;
Whereas Section 407(2) limits the total of such borrowings to not exceed 50% of the
estimated annual revenues from January 1 to September 30, 2017 and 25% thereafter;
Whereas it is deemed necessary by the said Council to borrow the sum of forty-three
million dollars ($43,000,000) to meet, until the taxes for the current year are received,
the current expenditures of the City for the year 2017, including the amounts and sums
aforesaid;
Whereas the said sum of forty-three million dollars ($43,000,000) plus any similar
borrowings that have not been repaid, is less than 50% of the total amount of the
estimated revenues of the City from January 1 to September 30 as set forth in the
estimates adopted by the Council for the year 2016 exclusive of revenues derivable
from the sale of assets, borrowings or issues of debentures or from a surplus including
arrears of levies, and twenty-one million five-hundred thousand dollars ($21 ,500,000) is
less than 25% of fhe estimated revenues thereafter;
Whereas the Municipal Act, 2001, provides that if a municipality has by by-law approved
an undertaking to be financed in whole or in part by incurring long-term debt, the
Council may by by-law authorize temporary borrowing to meet expenditures made in
connection with the undertaking; and,
Whereas it is deemed necessary by the Council to borrow the sum of forty-three million
dollars ($43,000,000) to meet the capital expenditures approved by Council.
61
62
By-law No. Page 2
Now therefore the Council of the Corporation of the City of Pickering hereby enacts as follows:
1. The Mayor and Director, Finance & Treasurer of the City of Pickering are hereby authorized to
borrow from time to time by way of promissory notes a sum or sums not exceeding forty-three
million dollars ($43,000,000) to meet, until the levies for the year 2017 are received, the
current expenditures of the City for such year, including the amounts required for principal and .
interest falling due within the year upon any debt of the City for the period January 1 to
September 30, 2017 inclusive and twenty-one million five-hundred thousand dollars
($21 ,500,000) thereafter until December 31, 2017.
2. The Mayor and Division Head, Finance & Treasurer of the City of Pickering are hereby
authorized to borrow from time to time by way of promissory notes a sum or sums not
exceeding forty-three million dollars ($43,000,000) to meet the capital expenditures as
approved by Council, of the City including the amounts required for principal and interest.
3. Any promissory notes made under the authority of this by-law shall be sealed and signed in
accordance with the provisions of the Municipal Act, 2001, and may be countersigned in
writing by the Manager, Accounting Services of the Corporation in accordance with the
provisions of the said Act.
4. This By-law shall come into effect on the first day of January, 2017.
By-law passed this 12th day of December, 2016.
David Ryan, Mayor
Debbie Shields, City Clerk
---C.nj o/---
PTCKERING
From: Stan Karwowski
Director, Finance & Treasurer
Subject: 2017 Interim Spending Authority
Recommendation:
Report to
Executive Committee
Report Number: FIN 24-16
Date: December 5, 2016
1. That the 2017 Interim Operating Expenditures be approved at 50% of the prior
year's budget, including adjustments, as contained in Attachment 1, pending
approval of the formal 2017 Current Budget by Council; and
2. That the appropriate City of Pickering officials be authorized to take the necessary
actions as indicated in this report.
Executive Summary: Adoption of the interim current operating spending authority
will provide funding authorization for the payment of salaries, overhead and such other
accounts as may be necessary for the normal day-to-day operations of the City pending
approval of the 2017 Current Budget.
Financial Implications: Adoption of the interim current operating appropriations does
not constitute approval of a formal budget but rather is required to provide funding
authorization at the transitional stage. At the conclusion of the Budget process, all
interim current operating appropriations are nullified and replaced with the
appropriations as approved by Council.
Discussion: Each year, pending approval by City Council of the annual Current
Budget, it is necessary to provide expenditure authority respecting the payment of
accounts for the interim period from January 1 until the Budget is adopted by Council.
Such authority is in the form of interim current operating appropriations to meet
estimated expense requirements of the individual departments, agencies and boards.
Staff are seeking approval to provide for interim spending authority for up to the first six
63