HomeMy WebLinkAboutCAO-004-12 Clarbgton REPORT
CHIEF ADMINISTRATIVE OFFICE
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: September 24, 2012 Resolution#: By-law#:
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Report#: CAO-004-12 File#:
Subject: FEDERAL ELECTORAL BOUNDARIES — MUNICIPALITY'S KEY MESSAGES
AND PRINCIPLES IN RESPONSE TO BOUNDARY COMMISSION'S
PROPOSALS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CAO-004-12 be received for information.
Submitted by:
c
Franklin Wu, M.A.O.M
Chief Administrative Officer
FWAP
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: CAO-004-12 PAGE 2
1.0 BACKGROUND
1.1 The Federal Electoral Boundaries Commission for Ontario (hereafter referred to
as "the Commission") has proposed and will be discussing at public hearings in
November, new riding boundaries for the next regular federal election. These are
illustrated in the attached map. They would mean that Clarington would be split
between three federal ridings, with a minority share of the population of each of
these three ridings:
• 47.35% of the proposed Oshawa-Bowmanville
• 15.7% of the proposed Oshawa-Durham
• 14.9% of the proposed Kawartha Lakes-Port Hope-Cobourg
Currently, Clarington's population of 84,548 (2012 census) is 67% of the riding of
Durham. Scugog (pop. 21,569) makes up 17% and Uxbridge (pop. 20,716) the
remaining 16%.
PURPOSE OF THIS REPORT AND KEY NEXT STEPS
2.1. The purpose of this report is to follow up on the direction from the September
17th Council meeting, which adopted GPA's September 10th resolution GPA-
432-12 which provided that:
• Clarington indicate the municipality's "strong opposition to the proposed
electoral boundaries"
• staff "register the Municipality to make a presentation to the Federal
Electoral Boundaries Commission for Ontario"
• staff"report back to the GPA on September 24, 2012 outlining key
messages that will be brought forward at the public hearing."
2.2 Staff will be developing alternative federal riding boundary scenarios based on
the principles set out in this report and will discuss these with Clarington's
community organizations that express interest to the Municipality in this matter,
with the Region of Durham's Task Force that is dealing with this matter and other
affected municipalities and report back to GPA on October 29th. A final
submission will then be prepared to present at the Commission's hearing by
Mayor Foster on November 13th in Oshawa.
ACTIONS TO DATE:
3.1 Staff have:
• registered Mayor Foster to speak at the Nov 13th hearing
• discussed with a former and current member of the Commission the
decision making process and criteria used by the Commission
• met with the Clarington Board of Trade on September 11th and gained
the Board's support for GPA's September 10th resolution and the Board
determined that it too will seek to appear before the Commission.
• placed a public notice in local media on September 19th to advise
residents of where to get info about the Commission's proposals and how
REPORT NO.: CAO-004-12 PAGE 3
to register to speak to the Commission. The notice also indicated that
Clarington is preparing a submission to the Commission on its proposals.
A copy of the notice is attached
• advised the Regional government of Clarington's resolution. The Regional
CAO proposed and Regional Council's Finance and Administration
Committee accepted (TSC) on Sept 19th the establishment of a Task
Force with each of the area municipalities' mayors invited to participate to
propose alternatives to the Commission's proposal. There is interest in
ensuring that the Region of Durham is considered whole, i.e., no one part
of the Region is combined with another Region or single tier municipality
to create a riding
• contacted other area municipalities in Durham. Each are just beginning to
review the implications of the Commission's proposals and at the time of
writing to our knowledge, the councils have not yet taken a formal
position. Note that Uxbridge, like Clarington, would be divided by the
Commission's proposal and is awaiting the results of Clarington's
deliberation on this report before developing their submission. Mayor
O'Connor has indicated her strong concern with the Commission's
proposal.
4.0 BOUNDARIES COMMISSION'S AUTHORITY, CRITERIA AND RATIONALE
4.1 On August 27, 2012 the Federal Electoral Boundaries Commission released its
proposed new electoral map for consideration at public hearings this fall. Ontario
will gain 15 electoral districts as a result of the increase in its population from the
2011 Census.
4.2 The Commission makes final decisions about where the electoral boundaries will
be located. This follows consultation, giving the public and then MPs an
opportunity to express their views and participate in the process. The
Commission is chaired by Honourable Mr. Justice George Valin and also
includes Mr. Douglas Colbourne, an OMB member and Dr. Leslie Pal, a political
scientist.
4.3 In its press release the Commission said: "Population shifts and increases,
efforts to honour existing municipal boundaries whenever possible, and the
establishment of 15 new electoral districts have required substantial adjustment
to Ontario's electoral map."
4.4 Under the Electoral Boundaries Readjustment Act, the Commission's main aim in
redrawing boundaries is to divide the province into electoral districts as close to
the average population — 106,213 - as reasonably possible. The Act permits the
Commission to depart from the quota where necessary or desirable in order to:
• respect the community of interest or community of identity in, or the historical
pattern of an electoral district in the province, or
REPORT NO.: CAO-004-12 PAGE 4
• maintain a manageable geographic size for electoral districts in sparsely
populated, rural or northern regions of the province.
4.5 When considering these factors, the Commission must make every effort to
ensure that, except in circumstances it views as extraordinary, the population of
each electoral district in the province remains within 25% (plus or minus) of the
electoral quota. The upper limit of deviation from the quota is 132,766, and the
lower limit of deviation from the quota is 79,660.
The Commission in its "Reasons for Proposed Electoral Boundaries" notes:
"Although the Commission preferred to retain current electoral boundaries where
possible, it could not always accomplish this. No one electoral district can be
considered in isolation from the others immediately surrounding it. Any change to
one boundary has an inherent effect on at least one adjoining electoral district.
The Commission endeavoured to respect existing municipal boundaries
whenever possible. However, in some instances, the location and density of
population growth required the Commission to establish electoral districts that
crossed municipal boundaries."
4.6 Importantly for Clarington's purposes, the Commission indicates: "The proposals
for an electoral district are not acceptable merely on the basis that they are within
the allowable 25% variance from the quota. The primary consideration in the
Electoral Boundaries Readjustment Act is that the population of each electoral
district in the province be as close to the provincial quota as is reasonably
possible. If an electoral district contains a population that is significantly larger
than the quota, it is underrepresented. Similarly, an electoral district with a
significantly smaller population is overrepresented. However, the principle of
representation by population cannot be perfectly implemented. It is virtually
impossible to establish an electoral map for 121 electoral districts of equal
population that reflects existing municipal boundaries, that recognizes the
distinctions between urban, rural and remote communities, and that takes into
account community of interest or identity, and historical attachment."
4.7 From the Commission's published reports and from Staff's discussions with a
former and current member of the Commission it is clear that (a) the Commission
has a challenging balancing act and (b) that any alternative proposals put to the
Commission need to be accompanied by an analysis of what it would mean for
other communities.
5.0 CLARINGTON'S CHALLENGE AND OPPORTUNITY
5.1 Waterloo, Cambridge and Ajax are municipalities that have populations very
close to the 106, 213 number and the Commission has proposed that their
boundaries be used as the federal riding boundaries. Clarington, on the other
hand, while it has a population that is within the 25% threshold (21% below the
quota), is not likely to be successful in arguing that it should have its own riding
because of this stated desire by the Commission to be as close to the quota as
REPORT NO.: CAO-004-12 PAGE 5
possible. Moreover, arguments that Clarington's population is growing and by the
time of the next regular federal election is likely to have a population very close to
the quota are similarly not likely to be accepted as the Act governing the
Commission's criteria was amended several years ago to remove this criteria of
projected population growth.
5.2 Notably, Clarington's population, combined with Scugog, would be 106,117,
almost exactly at the quota number. This is but one alternative and obviously
needs further discussion with Scugog Township as well as the Mississaugas of
Scugog Island and would, aside from meeting the Commission's key criteria,
preserve both Clarington's and Scugog's community identity and recognize the
historical north/south orientation of municipal, regional, provincial and federal
electoral boundaries. It would continue to leave Clarington a dominant share of
the population of the riding — 80% (as against the current 67% share) and
Scugog 20% (as against the current 17% share).
5.3 It has been suggested that Clarington may be better off with the Commission's
proposals of three MPs, rather than any other alternative that would provide
fewer. This certainly has some merit and could increase the likelihood that
Clarington would have a representative in the Federal Cabinet and more MPs to
potentially advocate on its behalf. On the other hand, under such a proposal:
• Clarington residents would hold only a minority share of the population of any
of these proposed ridings, diluting the ability to influence the local MP to
concentrate on and address Clarington residents' interests
• the many past and current efforts to create a community identity for
Clarington could be undermined
• the opportunity for furthering "the Clarington brand" could be lost as the name
"Clarington" would not appear in the names suggested by the Commission
whereas name recognition would be built with the national media attention
using the phrase "the Member for Clarington"
• the Municipality and Clarington community organizations would face greater
time and complexity when seeking to engage federal representatives (e.g.,
increased likelihood of having to organize three meetings rather than one)
with also the potential for risk of contradictory positions by area MPs where
they come from competing political parties
• the important rural voice of Clarington farmers would be significantly diluted
across three ridings rather than concentrated in one
• in the upcoming federal by-election, electors could be confused as to whether
they are in an area subject to the by-election or not and federal candidates
could be especially challenged in canvassing as they would need to look for
support from entirely different groupings of voters between the upcoming by-
election and the next regular election.
REPORT NO.: CAO-004-12 PAGE 6
6.0 KEY MESSAGES AND KEY PRINCIPLES
Pending development of alternate riding boundaries for discussion by council at
the October 29th GPA meeting, it is recommended that Clarington use the
following three key messages
a) Clarington acknowledges that the Commission has a difficult job to do in
balancing a range of different criteria in coming up with new riding
boundaries
b) Clarington is committed to leadership of our community and will work with
the Clarington community, the surrounding municipalities and the
Commission in developing alternative riding boundaries that:
• balances the Commission's criteria
• ensures that Clarington has a majority of the share of the population of
at least one riding
• creates a suitable and feasible result.
c) Clarington urges the Commission to recognize the unusual current
situation where Clarington, as one of only three ridings in the country that
does not currently have a sitting M.P., and therefore the need to ensure
manageable change in the boundaries. The aim should be to limit risks to
(1) attracting candidates to seek office in the federal by-election to
represent the area knowing that their constituency's composition and
campaign workers may significantly change and (2) confusion for the
voting public in the by-election and the next regular election.
The following five principles could guide the alternatives to present to the
Commission:
i. Where a municipality has a population less than that required to meet the
"quota" of 106,000 population, to the extent possible, the municipality should
not be divided, but rather the municipality's population and area should be
taken "in tact" in forming an electoral boundary
ii. the community of interest and identity of communities, an important fabric of
what makes our country the envy of the world, should be strengthened and
not torn by electoral boundaries. Clarington looks to the Commission to
support it and the Clarington community's efforts in building our community
identity, efforts that have included:
a) Changing the name of the municipality in 1993 to reflect the whole
community (with the first part of the name "Clarke Township" combined
with the last part of the name "Darlington Township" to create the new
name "Clarington".)
b) Promoting the establishment and growth of a Board of Trade for the whole
of the municipality—the now very successful Clarington Board of Trade -
to cover the entire municipality
REPORT NO.: CAO-004-12 PAGE 7
c) Community organizations organizing themselves based on Clarington's
municipal boundaries, including, Big Brothers and Sisters of Clarington;
Clarington Older Adult Association; Clarington Girls Hockey Association;
Clarington Toros Minor Hockey Association.
d) Community businesses using Clarington in their branding, e.g., Clarington
auto dealerships and medical and marketing businesses.
iii. Understandability and efficiency for community organizations and the
Municipality in dealing with federal matters affecting the community should be
advanced by the Commission's work, e.g., federal regulation of the nuclear
industry, federal policies on agriculture, trade and waterways, federal funding
of infrastructure —to minimize costs and challenges of arranging meetings
with multiple local MPs rather than one local MP.
iv. Recognition of the historical North/South, rather than East/West orientation of
the Clarington and Durham community as reflected in the orientation of the
Clarington and Durham municipal electoral wards and in the current federal
and provincial riding of"Durham".
V. The recognition of the important agriculture component of the Clarington
community and the need to maintain a "farm voice" by ensuring that the
agricultural community is taken as a whole in forming a riding and not diffused
among multiple ridings.
7.0 CONCLUSION
7.1 The Proposed Federal Electoral Boundaries could significantly impact the
Municipality and the community. Each has an opportunity to influence the
Commission, a body that is authorized to make the final decision after input from
the hearings and from current MPs.
7.2 There is no easy solution to addressing this issue. There are several criteria that
the Commission will be using to arrive at its final decision, but its desire to seek
to create ridings of almost equal population is its primary criteria. When this
desire is put up against the diversity in the population size of municipalities in this
area of the province, it becomes clear that developing a solution that does not
split municipalities will be very challenging.
7.3 However, at this important time in Clarington's history where current and past
efforts have positioned it to be on the cusp of significant positive change, the
Commission's proposals can be seen not as a problem, but as an opportunity —
an opportunity to build the Clarington brand by creating a riding that has the
Clarington name in it and that recognizes, in the words of our Vision, a
sustainable, creative, caring community.
REPORT NO.: CAO-004-12 PAGE 8
7.4 Clarington has been strongly advised by persons knowledgeable of the
Commission's workings to be prepared to indicate to the Commission not just its
concerns, but to set out alternatives and, importantly, set out in as much detail as
possible, including in a map, how other communities would be affected by its
alternatives.
7.5 Other riding boundary alternatives will be developed based on the principles set
out in this report and will be presented for consideration at the October 29th GPA
meeting. The Key Messages contained within this report are recommended to be
used to represent the Municipality's position in the interim
CONFORMITY WITH STRATEGIC PLAN
The recommendations contained in this report conform to the general intent of the
following priorities of the Strategic Plan:
X Promoting economic development
Maintaining financial stability
X Connecting Clarington
Promoting green initiatives
Investing in infrastructure
X Showcasing our community
Not in conformity with Strategic Plan
ATTACHMENT NO. 1
TO REPORT NO.: CAO-004-12
Have Your Say on Proposed Changes in Federal Riding Boundaries
The boundaries for federal ridings (electoral districts) are proposed to change significantly for Canadians
who call Clarington home.
Currently, the whole of the Clarington community is contained within one federal riding called "Durham".
(The whole of the Scugog and Uxbridge communities are also joined with Clarington for purposes of this
riding boundary.) Under a proposal put forward by the organization authorized to decide on the final
riding boundaries—the Federal Electoral Boundaries Commission for Ontario—the Clarington community
would be divided among three ridings.
For information about these proposed changes and how your voice can be heard by the decision makers,
visit www.federal-redistribution.ca or call 1-855-747-7224. Here you'll find details of the proposed federal
riding boundaries as well as details about how to register to speak to this Commission. Registration must
be made by October 1, 2012,
The Municipality of Clarington will be preparing a submission to the Commission. For details about this
please contact Curry Clifford in the Office of the Chief Administrative Officer at cclifford @clarington.net or
call 905-623-3379extension 2026.
Haliburton-Uxbridge ATTACHMENT NO. 2
TO REPORT NO.: CAO-004-12
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