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Report To: General Government Committee
Date of Meeting: October 16, 2017
Report Number: CLD-016-17 Resolution:
File Number: By-law Number:
Report Subject: Clarington's 2018 Municipal Elections - Various Matters for
Information
Recommendation:
1.That Report CLD-016-17 be received for information.
#GG-437-17
Municipality of Clarington
Report CLD-016-17 Page 2
Report Overview
This report is intended to provide information for Council regarding Clarington’s 2018
Municipal Elections.
1. Background
In the fall of 2016, Council received Report CLD-032-16, which outlined the changes to
the Municipal Elections Act. Several of these changes resulted in removing the
requirement for by-laws to be passed. Staff provide the following report as information on
those matters which were previously approved by Council in the form of a by-law. This,
and other information, will be incorporated within the Clerk’s Procedures which must be
published prior to December 31, 2017, in accordance with the Act.
Voting day is Monday, October 22, 2018.
2. Special Voting Locations
Section 45(7) of the MEA requires that voting must be provided on the premises for
institutions with 20 or more beds occupied by persons wo are disabled, chr onically ill or
infrm and for retirement h omes in which 50 or more beds are occupied. These locations
are commonly referred to as “special voting locations”.
The MEA dictates that voting places be open for electors between the hours of 10:00 AM
and 8:00 PM but also provides that the Clerk may establish that specified voting places
shall be open on voting day at a specified time before 10:00 AM on Voting Day, and
provides that the Clerk may establish reduced voting hours of special voting locations,
provided that the location is only for the use of the respective residents. Prior to the
changes to the MEA, these would need to be established by by-law.
Institutions in Clarington qualifying as special voting locations are: Whitecliffe Terrace
Retirement Residence, Glenn Hill Marnwood, Fosterbrooke Long-Term Care Facility,
Lakeridge Health Bowmanville, , Glenn Hill
Strathaven, and Bowmanville Creek Retirement Community. Each of these voting
locations will be only for the respective resident electors. Voting hours per location are
based on the analysis of time required to process electors at each location, and have
been established in co-operation with the administration staff of each facility.
Municipality of Clarington
Report CLD-016-17 Page 3
Election Officials assigned to these special voting locations will conduct the vote during
the specified hours.
The voting hours for Clarington’s special voting locations are as follows:
Special Voting Location Hours of Voting
Whitecliffe Terrace Retirement Residence 2:00 PM – 4:00 PM
Glen Hill Marnwood 2:00 PM – 4:00 PM
Fosterbrooke Long-Term Care Facility 10:00 AM – 12:00 NOON
Glen Hill Strathaven 2:00 PM – 4:00 PM
Seasons 10:00 AM – 12:00 NOON
Lakeridge Health Bowmanville 10:00 AM – 12:00 NOON
Bowmanville Creek Retirement Community 2:00 PM – 4:00 PM
Municipality of Clarington
Report CLD-016-17 Page 4
3. Advance Voting Opportunities
In accordance with Section 43 and to continue to serve our electors with a variety of
advance voting opportunities, the advance voting opportunities for Clarington’s 2018
Municipal Elections will be as follows:
Date Time Location
October 13, 2018
(Saturday)
10:00 am – 5:00 pm One location per each of the four
Wards, open to all eligible electors
October 14, 2018
(Sunday)
10:00 am – 5:00 pm One central location in Bowmanville,
open to all eligible electors
October 15, 2018
(Monday)
10:00 am – 8:00 pm One central location in Bowmanville,
open to all eligible electors
October 16, 2018
(Tuesday)
10:00 am – 8:00 pm Once central location in Bowmanville,
open to all eligible electors
October 17, 2018
(Wednesday)
10:00 am – 8:00 pm One location per each of the four
Wards, open to all eligible electors
The voting locations for the advance polls have not been finalized at this point.
Notice will be provided to eligible electors advising of the dates, times and locations of the
advance voting opportunities.
Municipality of Clarington
Report CLD-016-17 Page 5
4. Recount Policy
4.1 Previously
In previous municipal elections, a recount could only be conducted under the following
limited circumstances:
Where the counting of ballots resulted in a tie vote;
Where a municipality/ local board or Minister of Municipal Affairs and Housing has
passed a resolution to order a recount; or
Where an electors' request for a recount has been granted by the Superior Court
of Justice.
4.2 Changes
The Act now provides a municipality may also adopt a policy, by May 1st, with respect to
the circumstances in which the municipality requires the Clerk to hold a recount of the
votes cast in an election.
By way of an example, a policy could conceivably authorize a recount in the event the
totals for two candidates were separated by a defined value (i.e. “separated by 5 votes”
or “separated by less or 1% of the total number of votes cast for the office”, or a
combination such as “whichever is smaller of separated by 5 votes or 1% of the total
number of votes cast for the office”). The ability to adopt a recount policy would provide
greater clarity and certainty to candidates, electors and election administrators when a
close vote occurs.
By passing a recount policy, it does not take away the ability for Council to pass a
resolution under Section 57 of the Act, which states that “within 30 days after the Clerk’s
declaration of the results, the Council of a municipality may pass a resolution requiring a
recount of the votes cast, for all or specified candidates for an office on the Council.”
What it does do, however, is make it clear when there is a “close vote” within the recount
policy, at the time of the announcement of election results, whether there will be a
recount. This alleviates the need for a special Council meeting to convene to debate the
merits of a recount when the results are within the recount policy parameters.
Should Council wish to proceed with implementing a recount policy, direction would need
to be given to staff.
Municipality of Clarington
Report CLD-016-17 Page 6
5. Lame Duck
The question of whether a Council is in a “lame duck” period often arises as we approach
a municipal election.
5.1 When is Council considered "Lame Duck"?
There is no guarantee that there will be a lame duck situation, the Clerk must perform an
analysis after the beginning of each of the following periods.
A Council can become lame duck in one or both of two separate time periods. First, the
period from Nomination Day (May 1, 2018 at 2:00 PM) to Voting Day (October 22, 2018).
The second period runs from Voting Day (October 22, 2018) to the end of the term
(November 30, 2018).
In determining the “lame duck” period, Council is in “lame duck” where it can be
determined with certainty that less than 75% of the members of the old council are not
returning to the new council.
For a more detailed explanation of “lame duck” and the restrictions placed on Council
during the “lame duck” period, please see Attachment 1.
6. Communication Plan
Staff have developed a comprehensive, multi-channel communication plan. As part of
the plan, dedicated webpages are being developed to provide information regarding the
municipal elections. The information will continually be updated as the election
progresses.
The main web page is: www.clarington.net/election
7. Bill 68 – Modernizing Ontario’s Legislation Act, 2017, S.O.
2017, c. 10
Schedule 4, Section 8 of Bill 68 sets out a number of amendments to the MEA; some of
which are effective for the 2018 Elections and some which become effective for the 2022
Elections.
Municipality of Clarington
Report CLD-016-17 Page 7
7.1 Term of Council
The next term of Council will begin on December 1, 2018 and will end on November 14,
2022. With the following term of Council beginning on November 15, 2022.
7.2 Campaign Contributions
The maximum contributions to a single candidate (Section 88.9(1) and (2)) is changed
from $750 to $1,200. However, the maximum contributions by a person to candidates
who are serving on the same council remains at $5,000.
Where there were traditionally no limits on the amount of contributions that a candidate
and their spouse could make to their own campaign, there are now maximum contribution
limits. Section 88.9.1 (1) sets the maximum contribution to a candidate’s own election
campaign as follows:
88.9.1 (1) A candidate for an office on a council and his or her spouse shall
not make contributions to the candidate’s own election campaign that,
combined, exceed an amount equal to the lesser of,
(a) the amount calculated by adding,
(i) in the case of a candidate for the office of head of council of a
municipality, $7,500 plus 20 cents for each elector entitled to vote for the
office, or
(ii) in the case of a candidate for an office on a council of a municipality
other than the office of head of council, $5,000 plus 20 cents for each
elector entitled to vote for the office; and
(b) $25,000. 2017, c. 10, Sched. 4, s. 8 (10).
The maximum contributions to a single third party advertiser (Section 88.13(1) and (2)) is
changed from $750 to $1200. However, the maximum contributions by a person to
registered third parties in the same municipality is $5000.
Municipality of Clarington
Report CLD-016-17 Page 8
8. Key Dates
The following are key election dates:
May 1 = Nomination period begins (Reminder: Nomination form now requires
signatures of 25 persons.)
July 27 at 2:00 PM = Nomination Day (i.e. nomination period ends)
September 17 = Last regular Council meeting prior to the election
October 1 = Deadline to establish the new Compliance Audit Committee (a
separate report will be presented to Committee in the Spring of 2018)
October 13 to 17 inclusive = Advanced Voting Opportunities
October 22 = Voting Day
December 3 = Inaugural meeting of Council
December 31 = End of Campaign financial reporting period
March 29 = Deadline for filing financial statements.
9. Concurrence
Not Applicable
10. Conclusion
It is respectfully recommended that Report CLD-016-17, regarding the Clarington’s 2018
Municipal Elections, be received for information.
Municipality of Clarington
Report CLD-016-17 Page 9
11. Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan.
Submitted by: Reviewed by:
C. Anne Greentree, Andrew C. Allison, B. Comm, LL.B
Municipal Clerk Interim CAO
Staff Contact: June Gallagher, Deputy Clerk, 905-623-3379 ext. 2103 or
jgallagher@clarington.net
Attachment:
Attachment 1 – Article by Fred Dean regarding Lame Duck Council, from the October, 2013
publication of Municipal World
by Fred Dean
municipal elections
The “lame duck” council provisions
that restrict council’s powers were
completely rewritten in Ontario’s
Municipal Act, 2001 and amended
further in 2006. What follows is intended
to provide members of council and
municipal staff a summary of the lame
duck restrictions and what preparations
need to be made in advance of the election
period. Two questions must be asked when
looking at section 275. First, when does
a council become “lame duck”? That is,
under what circumstances is a council
restricted in its ability to act? The second
question: how is council restricted?
Subsection 275 (1), paragraph1 deals
with the situation where the composition
of council does not change. It is this
situation that is dealt with in this article.
Paragraphs 2 and 3 deal with situations
where the size of the new council is
different from the old council because of
an amalgamation or restructuring.
So, when does a council become lame
duck?
A council can become lame duck in
one or both of two separate time periods.
First, the period from nomination day to
election day. In 2014, this period is from
September 12 at 2:00 p.m. to October 27.
The second time period runs from election
day to the end of the term. In 2014, this
second period runs from October 27
to November 30. The clerk must do an
analysis after each of these dates.
Nomination Day
whether the new council “will include
less than three-quarters of the members
of the outgoing council.” The use of
the word “will” suggests that there is a
determination that the council will with
FRED DEAN is a municipal lawyer who acts exclusively for the
bene t of local government. He can be reached at 416-251-8811 or
<fdean@citysolicitor.net>.
“LAME DUCK” COUNCIL
Restricted acts after Nomination Day in Ontario
certainty have less than 75 percent of the
members of the old council. Not that it
“may” have.
percent of the membership of council.
For example, 75 percent of a council
consisting of seven members is 5.25. Thus,
more than 75 percent.
Let’s do some examples based on a
council of seven members, elected by
wards.
There is NOT a lame duck council in
the following situations:
six members are running in elections
three members are acclaimed and four
In these examples, it cannot be
determined with certainty that at least
75 percent of the former members will
be returning to council. Will the new
council include less than 75 percent of
the outgoing council members? It could,
but it could also include more than the
75 percent. Thus, the answer is no, and,
as a result, the outgoing council is not
restricted in its actions during this period.
There is a lame duck council in the
following situations:
six members are retiring and one is in
the head of council and two members
four are running in elections for their
In these examples, it can be determined
with certainty that less than 75 percent of
the current members of council will be
returning to sit on the new council. Thus,
the test in paragraph 1 of subsection 275
(1) – that the new council will include less
than 75 percent of the outgoing council –
Election Day
The second analysis must be done on
election day, after the results are known.
The same question must be asked: Will the
new council be composed of 75 percent or
more of the members of the old council?
If the answer is “yes” then there is
not a lame duck council. If the answer is
“no,” then council will be restricted in its
do some examples:
There is NOT a lame duck council in
the following situations:
six members are returned in elections,
two members are acclaimed and the
a councillor ran against the mayor and
won, and all the other members were
re-elected.
In these examples, it can be determined
with certainty that 75 percent or more
of the members of the old council are
returning as members of the new council.
Thus, in these examples, the new council
is not a lame duck council from the date
of the election until the end of the term.
Council’s powers are not restricted during
this period.
There is a lame duck council in the
following situations:
October 2013 Municipal World 35161
four members are acclaimed to
members running for mayor is elected,
have retired.
In these examples, it can be determined
with certainty that less than 75 percent of
the current members of council will be
returning to sit on the new council. Thus,
the test in paragraph 1 of subsection 275
(1) – that the new council will include less
than 75 percent of the outgoing council – is
council is a lame duck council from the
date of the election to the end of the term,
and its powers are therefore restricted.
Restricted Acts
Once the determination has been made
with certainty that the council is lame
duck for either or both time frames, then
the four restrictions in subsection (3) will
apply. These are:
(a) the appointment or removal
(b) the hiring or dismissal of any
(c) the disposition of any real or personal
property of the municipality that has
a value exceeding $50,000 at the time
(d) making any expenditures or incurring
any other liability that exceeds
$50,000.
This is the complete list. There are no
other restrictions on a council’s ability to
make decisions or exercise powers.
municipality, particularly as many will be
hiring for winter maintenance. Subsection
275 (6) provides that nothing in this
section prevents a person or body from
exercising authority delegated by council.
Thus, if the power to hire employees has
been delegated to staff, then the fact that
council’s powers are restricted during
the lame duck period will not restrict
municipalities have delegated to staff
important for smaller municipalities where
councils often maintain control of the
hiring process.
It is important to note that council
cannot delegate during the election period.
The delegation by council must be made
before nomination day. Any delegation
will require that council’s delegation
policy be amended. This could require
special notice in accordance with council’s
notice policy.
There is another provision that lessens
the impact of the restrictions on a lame
duck council. Subsection 275 (4) provides
that restrictions in clauses (c) and (d) do
not apply if the disposition or liability
was approved by council in the annual
budget. The one condition is that council
must have approved the budget before
nomination day.
Thus, a contract could be awarded by a
lame duck council for an amount in excess
of $50,000, so long as the amount was
included in the annual budget. The lame
duck council would not be able to award
the contract, however, if the amount of
the tenders or bids exceeded the amount
included in the budget.
A frequently asked question is whether
the municipality can close a real estate
transaction during the lame duck period.
The answer is “yes” – assuming that
council passed a by-law approving the
execution of the agreement of purchase
and sale in advance of the lame duck
period.
In 2006, the province added a
new subsection (4.1), which provides
that nothing in section 275 prevents a
municipality taking action in the event
of an emergency. What constitutes an
emergency? It does not mean merely
urgent or inconvenient. The best
in the Emergency Management and Civil
Protection Act, in which “emergency”
impending situation that constitutes a
danger of major proportions that could
result in serious harm to persons or
substantial damage to property and that is
caused by the forces of nature, a disease
or other health risk, an accident or an act
whether intentional or otherwise.”
Conclusion
Council and staff should begin
planning well in advance for the
eventuality of a council whose powers are
restricted during the election period.
Once nomination day arrives, the
down. Determine whether the council’s
powers will be limited during both the
period between nomination and election
day, and then again between election
day and the end of the term of the old
council. If it is a lame duck council,
there are only four powers of council
that are restricted.
The impact of these restrictions
is reduced by the ability of council to
exercise powers in those matters that have
been previously approved in the annual
budget. Also, council may delegate its
powers before nomination day and the
person to whom they have been delegated
will be able to act. MW
36 Municipal World October 2013 162