HomeMy WebLinkAboutCLK 06-15 ON 00 it Report to
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I KERIN
Report Number: CLK 06-15
Date: November 2, 2015
From: Paul Bigioni
Director, Corporate Services & City Solicitor
Subject: Method of Filling Vacancy
- Regional Councillor Ward 1
- File: A-2000
Recommendation:
1. That pursuant to Section 262(1) of the Municipal Act, 2001, the Council of The
Corporation of the City of Pickering declared the office of Regional Councillor,
Ward 1 to be vacant at a meeting held on October 26, 2015;
2. That Council select one of the following options for filling the vacancy:
a) That the by-law to appoint to fill the vacancy in
the office of Regional Councillor, Ward 1 be enacted;
OR
b) That Council authorize a by-election to be held to fill the vacancy; and
3. That the City Clerk be given authority to give effect thereto.
Executive Summary: Due to the election of Jennifer O'Connell as Member of
Parliament for the Federal riding of Pickering-Uxbridge and the resignation from Council
submitted by her, Council has declared the office of Regional Councillor, Ward 1 vacant.
This declaration was made by Council at its October 26, 2015 meeting.
Council must now arrange to fill the vacant office pursuant to the rules set out in the
Municipal Act, 2001 and the Municipal Elections Act, 1996.
Financial Implications:
Option a) — If Council wishes to directly appoint a qualified individual, there would be no
associated costs.
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Subject: Method of Filling a Vacancy Page 2
Option b) — If Council determines that a by-election is to be held to fill the vacancy, the
cost of a by-election would be approximately $100,000.00. The costs related to holding
a by-election consist primarily of preparing voters lists, rental of equipment and staffing
of polling stations.
If the by-election option is selected, funds will need to be found for this purpose as this
is an unbudgeted item. The 2015 budget contains a transfer to the Contingency
Reserve in the amount of$70,000 for funding of the next municipal election in 2018. An
annual provision is included in each budget year leading up to the next municipal
election for funding purposes. Council may authorize the redirection of these funds to
fund the by-election. If Council decides to redirect these funds, then the provision for
2018 election costs will need to be increased in subsequent budgets.
Discussion: Pursuant to Section 259 of the Municipal Act, 2001, the office of a
member of council of a municipality becomes vacant if the member resigns from his or
her office and the resignation is effective under Section 260 of the Municipal Act, 2001.
Jennifer O'Connell provided notice to the City Clerk on October 22, 2015 of her
resignation from her office as Regional Councillor, Ward 1 effective immediately. Her
resignation is effective under Section 260 of the Municipal Act, 2001.
Section 262 of the Municipal Act, 2001 states that if the office of a member of a council
becomes vacant under section 259, the council shall at its next meeting declare the
office to be vacant. On October 26, 2015 at a meeting of Council, the office of Regional
Councillor, Ward 1 was declared vacant.
Under Section 263(5) of the Municipal Act, 2001, Council must, within 60 days after a
declaration of vacancy is made, appoint a person to fill the vacancy or pass a by-law
requiring a by-election be held to fill the vacancy.
Under Section 263(1) of the Municipal Act, 2001, Pickering Council has two options for
filling the vacancy. These options are:
a) Fill the vacancy by appointing a person who has consented to accept the office if
appointed; or
b) Require a by-election to be held to fill the vacancy in accordance with the
Municipal Elections Act, 1996.
A person is eligible to be appointed, or to be a candidate in a by-election to hold office
as a member of the Municipal Council if he/she:
a) is entitled to be an elector in the local municipality under the Municipal Elections
Act, 1996; and
CORP0227-07/01 revised
CLK 06-15 November 2, 2015
Subject: Method of Filling a Vacancy Page 3
b) is not disqualified by this or any other Act from holding office.
Section 17(2) of the Municipal Elections Act, 1996 states that a person is entitled to be
an elector at an election in a local municipality if, on voting day, he or she;
a) resides in the local municipality or is the owner or tenant of land there, or the
spouse of such owner or tenant;
b) is a Canadian citizen;
c) is at least 18 years old; and
d) is not prohibited from voting under the Municipal Elections Act or otherwise by
law.
The term of office for a person appointed or elected to fill a vacancy is the remainder of
the current term of Council.
Option a):
Council Appointment
Council can appoint a qualified individual to the vacancy either by direct appointment or
by soliciting applications.
If Council wishes to appoint a specific individual, consent has to be obtained by
completion of a consent to nomination form and the individual must be verified by the
City Clerk as an eligible person under the Municipal Elections Act, 1996. A formal
appointment by-law must be presented to Council for enactment and the Oath of Office
must be sworn by the appointee.
Option b):
By-Election
Section 263 of the Municipal Act, 2001, permits City Council to pass a by-law to provide
that a vacancy on Council be filled by way of a by-election. The by-election shall be held
in accordance with Section 65 of the Municipal Elections Act, 1996.
Under Section 65 of the Municipal Elections Act, 1996, if Council determines that a by-
election is to be held, the City Clerk is responsible for setting the nomination day, which
is to be a day not more than 60 days after the passing of the by-law indicating that a by-
election is required. Voting Day is required to be held 45 days after nomination day.
Subject to specific provisions to address timing matters, by-elections are required to be
conducted in a manner as similar as possible to the previous regular election.
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Subject: Method of Filling a Vacancy Page 4
Summary and Conclusion:
It is recommended that Council determine the method of filling the vacancy and, once
that method has been determined, that the City Clerk take the appropriate actions in
accordance with the Municipal Act, 2001 and the Municipal Elections Act, 1996.
Attachment 1 — Draft Appointment By-law
Prepared By: A•pro ed/Endorsed By:
Debbie Shields Paul Bigieni
City Clerk Dire. or, orp•rate Services & City Solicitor
PB:ds
Recommended for the consideration
of Pickering City Council
27 2-0/5
Tony Prevedel, P.Eng.
Chief Administrative Officer
CORP0227-07/01 revised
*T ACHMENT#1 ,
The Corporation of the City of Pickering
By-law No.
Being a by-law to appoint to the
vacant office of Regional Councillor Ward 1
Whereas pursuant to Section 262(1) of the Municipal Act.=2001, the Council of the
Corporation of the City of Pickering declared the,office of Regional Councillor Ward 1 as
vacant at its meeting of Council held on October 26, 2015; and`
De
Whereas pursuant to Section 263(5) of the said Act, the Council wishes to appoint
to fill the vacancy, ?
a y
a
Now therefore the Council of The[Corporation of theaCity of Pickering hereby enacts as
follows: i �
1. isvhereb' appointedato:fill the vacancy in the office
of Regional Councillor-Ward 1. ,; , " ;;
By-law passed this 24day of November, 2015.
c,e � . iti::, ° David Ryan, Mayor
Debbie Shields, City Clerk