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Home My WebLink AboutCLD-005-10CCc911C1~C0Il REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Feb. 22, 2010 Resolution#: ~' 13~" ~~ By-law#: Reporl#: CLD-005-10 File: Subject: Ballot Question Re: Election of Regional Chair RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report CLD-005-10 be received; THAT the following question be placed on the 2010 municipal election ballot: Should the Council of the Municipality of Clarington approve the following resolution: THAT the Government of Ontario make a regulation requiring that the Chair of the Regional Municipality of Durham be elected by general vote.; and 3. THAT Council's decision be forwarded to all municipalities within the Regional Municipality of Durham. Submitted by: PLB ~~~~~ Reviewed by: ~ i~ ~~- ~_~~~-~~. '(.~ le, CMO Franklin Wu, Clerk Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: CLD-005-10 1.0 BACKGROUND PAGE 2 At the Council meeting held on January 25, 2010, the following resolution was passed: "WHEREAS the lower tier Municipalities of Oshawa, Ajax and Pickering in the last municipal election placed a referendum question on the ballot to poll the question of direct election of the Durham Regional Chairman; WHEREAS the public supported direct election in those municipalities at 88 percent of electorate support; WHEREAS changing the process of electing the Regional Chairman needs a vote of the new Regional Council after the municipal election in order to request the Province to change the Municipal Act. NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington place a referendum question on the ballot to poll the question of direct election of the Durham Regional Chair, and; THAT this resolution be copied to all Municipalities in Durham and; THAT Whitby, Brock, Scugog and Uxbridge be encouraged to place a similar question on the ballot for the 2010 election." 2.0 PROCESS FOR PLACING A QUESTION ON THE BALLOT 2.1 Notice of Intention If a Council is proposing to pass a by-law to place a question on the ballot, it must give notice of its intention to pass the by-law at least ten days before passing the by-law. The notice must include the wording of the question and any financial implications if the result becomes binding. 2.2 The Question The question on the ballot must relate to a matter within the jurisdiction of the municipality, must not be deemed to be of provincial interest, must be clear, concise and neutral and must be answerable by either "yes" or "no". REPORT NO.: CLD-005-10 2.3 Appeal of the Question PAGE 3 The municipality must give notice of the passage of the by-law to the electors and to the Minister of Municipal Affairs and Housing within 15 days of passage. Electors and the Minister have up to 20 days to file an appeal as to whether the question is clear, concise and neutral or whether it can be answered by a "yes" or "no". The subject matter of the question cannot be appealed. Should an appeal be received, the Chief Electoral Officer, or designate, will hold a hearing and dismiss or allow the appeal in whole or in part. If allowed, he or she may either make an amending order or direct the municipality to amend the by- law. 2.4 Campaign Period Trade unions, corporations or individuals must register if they intend to spend money with respect to a municipal question on the ballot. The requirements of the Municipal Elections Act, 9996, must be adhered to. 2.5 Results of Vote The results of the vote are binding on council if at least 50 percent of eligible electors in the municipality vote on the question. 3.0 THE QUESTION In the 2006 municipal election, the Town of Ajax placed a question on their ballot regarding the issue of direct election of the Regional Chair. The question which they intended was: Should the Council of the Town of Ajax approve the following resolution: THAT the Government of Ontario enact a regulation requiring the direct election of the Chair of the Regional Municipality of Durham. YES NO REPORT NO.: CLD-005-10 PAGE 4 The Town's question was appealed to Elections Ontario and a slightly modified question was allowed, as follows: Should the Council of the Town of Ajax approve the following resolution: THAT the Government of Ontario make a regulation requiring that the Chair of the Regional Municipality of Durham be elected by general vote. YES NO The cities of Pickering and Oshawa placed identical questions on their ballots in the 2006 municipal election. In order to minimize the risk of amendment to the question upon appeal, it is recommended that the Municipality of Clarington adopt the following question for inclusion on the ballot: Should the Council of the Municipality of Clarington approve the following resolution: THAT the Government of Ontario make a regulation requiring that the Chair of the Regional Municipality of Durham be elected by general vote. YES NO 4.0 TIMING Should the recommendations contained within this report be approved by Council on March 1, 2010, public notice of the intention to pass the by-law will be published in the local newspapers on Wednesday, March 10, 2010. The by-law would then be included on the March 22, 2010 Council agenda for consideration. A copy of the notice which will be published is attached hereto as Attachment No. 1. 5.0 Attachment: Attachment 1 -Notice of Intention to Pass By-law Attachment No. 1 to Report CLD-005-10 NOTICE OF INTENTION TO PASS A BY-LAW TO SUBMIT A QUESTION TO THE ELECTORS The Council of the Municipality of Clarington will consider a by-law at the March 22, 2010 Council meeting that, if approved, will place the following question on the October 25, 2010 municipal election ballot: Should the Council of the Municipality of Clarington approve the following resolution: THAT the Government of Ontario make a regulation requiring that the Chair of the Regional Municipality of Durham be elected by general vote. YES NO Under provisions of the Municipal Elections Act, 1996, as amended, referendum results will be binding on the municipality, subject to some exceptions, if at least 50 per cent of eligible electors vote on the question. If this question receives a binding “yes” result, Clarington Council will approve a resolution requesting that the Government of Ontario consider enacting a regulation requiring the direct election of the Chair of the Regional Municipality of Durham. If this question receives a binding “no” result, Clarington Council will not consider or pass another resolution asking the Province to enact such a regulation during the 2010 - 2014 term of Council. The costs of implementing the results of the question, whether the result is in the affirmative or negative, are considered to be negligible. APPEAL PROCESS Should Clarington Council approve the by-law authorizing placement of the question on the ballot, the Minister of Municipal Affairs and Housing and any other person or entity may appeal to the Chief Election Officer of the Province of Ontario on the grounds that the question: i) is not clear, concise and neutral, and/or ii) is not capable of being answered by either the “YES” or “NO” options provided. The Clerk shall give notice of the passage of the by-law to the public and the Minister. Such notice will provide further instructions with respect to the appeal process. A Notice of Appeal must set out the objections to the by-law and question and the reasons in support of the objections. th Dated at Clarington, Ontario, this 10 day of March 2010. Patti L. Barrie, CMO Municipal Clerk