HomeMy WebLinkAboutCD-39-88 TOWN OF NEWCASTLE
REPORT File #,a . o , ��`f
Res. #
- _ - By-Law #
MEETING: COUNCIL
DATE: JULY 25, 1988
REPORT #: CD-39-88 FILE #: 35.31.5.
SUBJECT:
REPORT ON AMENDMENTS TO THE MUNICIPAL
ELECTIONS ACT AND MUNICIPAL ACT
RECOMMENDATIONS:
It is respectfully recommended that Council approve the following:
1 . THAT Report CD-39-88 be received; and
2. THAT Council elect not to fall under the provisions of Part III of the Municipal
Elections Act.
BACKGROUND AND COMMENT:
During the past year the Province has been working on amending the Municipal Elections Act
and parts of other Acts affected by amendments to the Municipal Election Act. Bill 106
An Act to Amend the Municipal Elections Act and the Municipal Act, received third reading
and was given Royal Assent on June 8, 1988. On July 4, 1988, the Minister of Municipal
Affairs circulated copies of Bill 106 as passed.
The purpose of this report is to highlight certain sections of Bill 106. In every case,
it is appropriate for Members of Council to have their solicitors review the amendments
and advise upon the impact that Bill 106 will have upon election campaign activities.
The following comments relate to the amendments which have the greatest impact.
Continued . . . ../2
Report CD-39-88 - 2 - July 25, 1988
POLLING PLACES
All advance polls must be accessible to disabled persons and persons having a mobility
impairment for the 1988 election and all polls are to be accessible to such voters for
the 1991 election [S. 46(1 ) and S. 66(1 )].
Recounts
Sections 83 to 88J of the Municipal Elections Act deal with the recount process. Under
the Act, the municipal clerk is the recount officer, unless the clerk appoints another
person prior to polling day or the clerk has participated in the counting of the ballots
or is unable to conduct the recount [S. 83(1 ) , 84(6)]. The recount officer is responsible
for the proper preparation for and conduct of a recount in the election and shall
direct the training of persons to be appointed under Section 85 and supervise their work.
Where the spread between the winner and the runner up is less than one half of each
vote for each poll , or less than ,10 votes, (whichever is greater) and a recount is
requested by a candidate within seven days from the date of the results, a recount is
automatic [S. 86a(1 )]. In the case of a tied vote a recount is also automatic [S.86a(1 )].
In addition, a recount may be requested by the Council , school board or local board
within thirty days of the declaration of results [S. 86b]. If an elector has reasonable
grounds for believing that votes have been incorrectly counted or added up or ballots
have been improperly rejected or an incorrect statement of the number of votes have
been made, he or she may apply for a recount to a judge and the judge shall determine
whether one is to be held by the recount officer [S. 871.
ELECTION CONTRIBUTIONS AND EXPENSES
The Municipal Election Act stipulates a limit of $750.00 per individual contribution
[S. 124(7)]. In addition, limits are placed on expenses based on a formula relating
to the number of electors at $5,500.00 for each council head and $3,500.00 for
candidates for other offices plus fifty cents per elector in each ward, municipality,
local board or school jurisdiction [ss 129(4) (5)].
Contributions cannot be accepted unless a person is a registered candidate [S. 122(4)].
Individuals are required to register by filing a notice with the clerk after the first
day of January in an election year and not later than nomination day [S. 122( 1 )].
Contributions can only be made during the campaign period [S. 124(2)].
Continued . . . . ./3
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Report CD-39-88 - 3 - July 25, 1988
A statement of expenses and contributions must be filed by each candidate with the
clerk [S. 132(1 )(2)]. In turn, the clerk shall submit a statement to the council or
board showing the information received regarding names of candidates who have and have
not filed [S. 132(5)].
The new legislation contains a severe penalty for failure to make the required
disclosure within thirty days of a written demand, or failure to correct an incorrect
statement, or where the candidates campaign expenses exceed the statutory limits. In
the above instances the candidate is ineligible to hold elected office up to and
including the next regular election [S. 1331.
Council May Elect to Fall Under Part III
A council of a municipality may pass a by-law to have Part III of the Municipal
Elections Act apply to elections for the office of members of council including the
head of council of the municipality [S. 139(1 )]. Where this is done, the clerk of the
municipality shall send a copy of the by-law to the Commission on Election Finances
established under the Election Finances Act, 1986 which administers this part of the
Act [S. 139(3)]. If such a by-law is passed, the candidate must appoint a chief
financial officer and must also appoint an auditor whose duties are set out with
respect to the financial statements that are to be filed by the chief financial officer.
Where members of the school board are to be elected at elections to be conducted by
the same officers and in the same manner as elections of members of the council of the
municipality, the school board may pass a resolution to have this part of the Act
apply to elections of members of the board [S. 140(1 )].
The Commission maintains a register of candidates in relation to each election and
registers any candidate who files an application for registration setting out the name
of the person, the office for which he or she is nominated, the name of the municipality,
the name of the auditor, the name and address of every chartered bank, trust company or
other financial institution in Ontario that is used by or on behalf of the registered
candidate and the full names and addresses of the person responsible for making the
deposits referred to [S. 143(4)]. Where contributions are made to registered candidates
in excess of $25.00 they may be made only by cheque, money order signed by the contributor
or the use of a credit card [S. 146(2)]. All such money shall be paid into an account
on record with the Commission. Anonymous contributions must be paid over to the
Commission. Anonymous contributions must be paid over to the Commission and become
part of the general funds to be used by the Commission in carrying out its responsibilities
under the Act [S. 147(2)].
i
Continued .. . . .A
Report CD-39-88 - 4 - July 25 1988
No registered candidate may accept funds from a federal political party or
provincial political party constituency association candidate or leadership
contestant registered under the Election Finances Act, 1986 [S. 1501.
Further, no registered candidate shall directly or indirectly solicitor or accept
contributions from: any individual normally a resident outside of Ontario, any
corporation that does not carry on business in Ontario or a trade union other than a
trade union defined within Part III of the Act [S. 1581.
The chief financial officer of every registered candidate must file a financial
statement with the Commission setting out:
a) all income received and expenses incurred in the campaign;
b) all campaign expenses paid and outstanding incurred in a campaign period and a
statement of all disputes to claims;
c) all information required to be recorded under Section 161 of the Act that relates
to the campaign and the auditors report of the financial statement [S. 169(1 )].
The Act stipulates a severe penalty if a registered candidate fails to file a
financial statement and an auditor's report within the time limit or files them
including incorrect information and fails to file a corrected statement within thirty
days, or incurs campaign expenses in excess of the amount stipulated in the Act.
In each of these instances, the registered candidate is ineligible to be elected a
member of the council , etc. up to and including the next regular election and his
office shall be deemed vacant and the office of the candidate is forfeited [S. 1711.
Tax Credit or Rebate from Municipality for Contributors
Contributors are to receive tax credits or rebates from the municipality based on the
following:
Contribution Tax Credit or Rebate
Up to $100 75 per cent of contribution
$100.00 to $400.00 $75.00 plus 50 per cent of excess
over $100.00
Over $400.00 the lesser of
a) $225.00 plus 33.33 per cent of
excess over $400.00 or
b) $350.00
Continued . . . . ./5
Report CD-39-88 - 5 - July 25, 1988
Tax credits shall be issued to contributors only during the one-year period following
the notification of the Clerk by the Commission that the financial statements and
auditors reports filed with it by the chief financial officer have been received and
examined [S. 173(9)].
Amendments to the Municipal Act
The Municipal Act is amended to indicate that a person must hold the qualifications
for office to be elected and must continue to hold the qualifications during the term
of office [ss 37, 381.
Council may elect to pass a by-law opting to have Part III of the Act apply to elections
for the office of members of council. Because of the financial impact such a decision
would have upon the municipality implementation of Part III is not recommended.
For Council 's additional information, I have attached a copy of a document prepared
by the staff of the Ministry of Municipal Affairs and presented to Members of
Regional Council in June 1988. The document highlights a number of areas in the
Elections Act which will be of interest to all candidates and will be incorporated
in an information package to be produced for the use of all candidates in the
upcoming election.
Respectfully submitted, Recommended for Presentation
to Council
avi a es, B.A. , ts e I.P Town CLerk. Chief A i s rative Officer.. ,
DWO/ms
Attachment.
DURHAM Interoffice Memorandum Jul- 4
The Regional
Municipality
Mr. D.W. 0ak8S^ Clerk, Town of Newcastle
Of Durham To:
Frnnn . C.W. Lundy, Regional Clerk
[)ote . JUO8 29, 1988
Re ' v u rov Provisions P i i f the New Municipal Elections Act
Enclosed for your information is a Copy Of a presentation made t0
Regional Council by staff of the Ministry Of Municipal Affairs
with respect to the pr0Yi3i003 of the new Municipal Elections
Act.
A copy of the presentation is being provided to all members of
Regional Council .
C.W. Lundy, A.M.C.T.
Regional Clerk
CNL/Slk
/
Encl .
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