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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITf~J=# en 7
Date; May 7,2001 Res. ~/fl-'11;--6 /
Report #; CD-26-01
By-law #
Subject: NOTICES OF DEFAULT - MUNICIPAL ELECTIONS ACT, 1996
Recommendations;
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CD-26-01 be received for information.
BACKGROUND AND COMMENT
Section 78 of the Municipal Elections Act, 1996, (the Act) requires that all candidates in
a municipal election shall file with the clerk a financial statement and auditor's report
reflecting the candidate's election campaign finances. For the 2000 municipal election,
the deadline for filing these documents was April 2, 2001. Failure to do so results in the
following penalties:
1. any office to Which the candidate was elected will be forfeited and the-office
shall be deemed to be vacant
2. until the next regular election has taken place, the candidate is ineligible to be
elected or appointed to any office to which the Municipal Elections Act, 1996
applies.
Should a candidate fail to file the required document, the clerk must send a notice of
default. With respect to the election in Clarington, notices were sent to the following
individuals:
Ray Diamond - Office of Local Councillor, Ward 3
John Harness - Office of Public School Trustee
Janet Penny - Office of Local Councillor, Ward 1
Derek Kelly - Office of Regional Councillor, Wards 1 and 2
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Report CD-26-01
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May 7,2001
Each of these individuals was advised that they could apply on or before April 17,2001
to the Ontario Court of Justice for declaration that the penalties do not apply to them, in
accordance with Section 80(6) of the Act. No one has done so. Accordingly, effective
April 18, 2001, the above noted penalties applied to all four.
This report is submitted for Council's information.
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Reviewed by
Respectfully
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Franklin Wu, M.C.I.P.
Chief Administrative Officer
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