Municipal Referendum Legislation
The Strategic Policies and Priorities Committee recommends the adoption of the following
report (April 6, 1998) from the City Clerk:
Purpose:
This report gives Council a preliminary overview of the Province's proposed new legislation on
municipal referendums and requests Council to urge the Province to extend its 30-day public
consultation period.
Recommendations:
It is recommended that:
(1) the Honourable Tony Clement, Minister of Transportation, be requested to extend the 30-day time limit for public consultation on the government's proposed new legislation on
municipal referendums; and
(2) the City Clerk, in consultation with the Chief Administrative Officer and the City
Solicitor, report further on the proposed legislation to the May 13, 1998, Council meeting
through the Strategic Policies and Priorities Committee.
Background:
On March 16, 1998, the Honourable Tony Clement, Minister of Transportation, released a
consultation paper on municipal referendum legislation, and announced that for the next month
he will tour the Province and consult with citizens about the government's proposal.
The consultation paper sets out a framework for municipal referendums, including:
(1) Procedures for the initiation of binding referendums by both municipal councils and their
voters.
(2) Criteria for referendum questions.
(3) Rules to encourage full and accurate disclosure to the voters of the costs of implementing
each referendum proposal.
(4) Designation of municipal clerks as having over-all responsibility for administering
municipal referendums.
(5) Provisions to allow clerks access to the advice and expertise of the provincial
Referendum Commission in making their decisions.
(6) Opportunities for appeals to the Ontario Municipal Board on any decision restricting the
initiation or implementation of a referendum.
(7) Rules regarding spending and contribution limits, financial reporting and audit powers in
order to equalize the public's access to referendums and to prevent referendums being
abused by persons with unlimited financial resources.
(8) Requirements for municipalities to implement the results of binding referendums where
at least 50 percent of eligible voters have cast ballots and at least 50 percent of the votes
cast are in favour of the result.
(9) Requirements for municipalities to implement the results of a binding referendum only to
the extent of the estimated cost which was set out on the ballot.
The proposed referendum legislation has major implications on municipal governance and the
role of elected officials. Referendums may be held on their own or at the same time as a
municipal election. There is a significant cost to administer each referendum. In addition, a
number of issues and questions pertaining to the procedures, criteria and rules need to be
addressed. Staff have only recently received the consultation paper and have not had an
opportunity to undertake a full review. Council is requested to urge the Province to extend its 30-day consultation period. The Association of Municipalities of Ontario is currently reviewing the
proposed legislation and has also requested the Province to extend its time line for consultation.
Conclusion:
This report gives a preliminary overview of the Province's proposed new legislation on
municipal referendums. The proposed legislation has significant political, administrative and
cost implications. This report recommends that City Council urge the Province to extend its 30-day consultation period to give municipalities sufficient time to respond; and requests the City
Clerk, in consultation with the Chief Administrative Officer and the City Solicitor to report
further on the proposed legislation to the next meeting of the Strategic Policies and Priorities
Committee. A copy of the Consultation Paper entitled "Municipal Referendum Framework" is
on file in the office of the City Clerk.
Contact Name:
Denis Kelly, Interim Lead, Elections and Legislative Services, 392-8019.
