November 17, 1999

To: Administration Committee

From: City Clerk

Subject: Other Canadian Municipal Policies/Practices on Filling Vacancies on Council

Purpose:

This report responds to a request from the Administration Committee to report on the practices by other large Canadian cities in filling vacancies on municipal council.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendations:

It is recommended that this report be received for information.

Council Background/Reference:

On July 27, 28, 29 and 30, 1999, City Council, in adopting Clause No. 1 of Report No. 3 of the Administration Committee [Filling of Council Vacancy - Scarborough Highland Creek (Ward 16)], approved the following recommendation:

"It is further recommended that the City Clerk be requested to submit a report to the next meeting of City Council, scheduled to be held on September 28, 1999, through the Administration Committee, and not related to this particular by-election, on options to establish a policy and/or by-law to address methods of filling future vacancies on City Council, so as to provide that the filling of vacancies is not left to the discretion of Members of Council."

On November 2, 1999, the Administration Committee had before it a report (October 21, 1999) from the City Clerk in response to the foregoing direction by City Council; and recommended that:

"(1) any vacancy in the office of the Mayor or a Councillor declared by Council prior to July 31 in the year prior to an election year be filled through the conduct of a by-election;

(2) any vacancy in the office of the Mayor or a Councillor declared by Council after July 31 in the year prior to an election year be filled through an appointment; and

(3) the recommended procedures for filling a vacancy through an appointment, as outlined in Appendix "A", be adopted."

The Administration Committee:

"(1) deferred consideration of the aforementioned report until its meeting scheduled to

be held on November 30, 1999; and

(2) referred the following motions to the City Solicitor for report to the aforementioned meeting of the Administration Committee as to whether Council may adopt a policy set out in the following motions; and as to whether the original direction from Council respecting this matter was in order:

Moved by Councillor Adams on behalf of Councillor Korwin-Kucincynski:

"That anyone appointed by Council be requested to indicate, in writing, that they will not run for election in the next election."

Moved by Councillor Adams on behalf of Councillor Soknacki:

"That the Administration Committee recommend to Council the adoption of the report (October 21, 1999) from the City Clerk, subject to deleting the date "July 31" and inserting in lieu thereof the date "September 30"; and

That the appointment process for Councillors outlined in Appendix "A" be considered by the Community Council where the vacancy occurs."

Moved by Councillor Miller on behalf of Councillor Nunziata:

"That the City Solicitor be requested to submit a report to the Administration Committee on the eligibility of a person becoming a City Councillor who has been charged or convicted of a criminal offence including municipal corruption;"; and

(3) requested the City Clerk to submit a further report to the aforementioned meeting of the Administration Committee on the practices by other large cities in Canada respecting this issue."

This report responds to item (3) above.

Background:

As instructed, Elections staff have contacted several large Canadian municipalities to determine what, if any, policies and/or practices exist in filling vacancies on municipal council. To obtain a representative sample, staff ensured that at least one municipality was contacted in each province along with the Yukon and Northwest Territories.

1. Mississauga

There has never been a mid-term vacancy on Mississauga City Council so no policy or practice exists.

2. London

On February 16, 1970, London City Council adopted a policy that in the event there is a vacancy in the office of Councillor, the vacancy shall be filled by appointing the runner-up from the list of persons who ran for the office of Councillor in the Ward for which the vacancy exists at the immediately preceding municipal election, provided that such person has polled at least 50 percent of the number of votes cast for the second Councillor candidate in the Ward (two Councillors are elected per Ward in London), failing which the appointment shall be made by the Municipal Council. [Council Policy 5(2)].

The City does not have a written policy on filling vacancies in the office of the Mayor, but relies on the discretion afforded by the Municipal Act to either hold a by-election or make an appointment.

3. Ottawa

Ottawa does not have an established policy in filling vacancies on council. It is left to the discretion of council at the time the vacancy occurs.

4. Vancouver

Under the Vancouver Charter, a by-election must be held to fill a vacancy on Council. However, Council may decide not to conduct a by-election:

(a) if the vacancy occurs after July 1 in the year of a general election; or

(b) if all the following circumstances apply:

(i) the vacancy occurs after January 1 in the year of a general election;

(ii) the vacancy is not in an office elected on the basis of a neighbourhood constituency; and

(iii) the number of remaining Council members is at least one greater than the quorum for the Council.

5. Edmonton

There is no policy that deals with vacancies on Council; the City follows the provisions set out in the Municipal Government Act when filling vacancies.

If the vacancy is in the office of Councillor, a by-election must be held to fill the vacancy unless:

(a) the vacancy occurs in the six months before a general election; or

(b) the council consists of six or more councillors and the vacancy occurs:

(i) in the 18 months before a general election and there is only one vacancy, or

(ii) in the 12 months before a general election and the number of councillors remaining is at least one more than the majority of the number of councillors comprising the council.

If the vacancy is in the office of the Chief Elected Official (CEO), which is the City's equivalent to the Mayor, and the CEO is elected by a vote of the electors, the vacancy must be filled:

(a) by a by-election, if on the date of the vacancy occurring, there are 12 or more months left before the next general election; or

(b) by either a by-election or Council appointing a Councillor to the office, if on the date of the vacancy occurring, there are less than 12 months left before the next general election.

If the CEO is appointed by Council from among the Councillors, rather than by a vote of the electors, any vacancy is filled by Council appointing another Councillor to the office.

6. Regina and Saskatoon

These Cities follow the provisions of the Local Government Election Act in filling council vacancies. The Act provides that if a vacancy occurs, a by-election shall be held to fill the vacancy. However, if the vacancy occurs after January 1 in the year of a general election, the Council may either fill the vacancy through a by-election or decide not to fill the vacancy until the general election.

7. Winnipeg

The City follows the provisions of the City of Winnipeg Act in filling council vacancies. The Act provides that a by-election shall be held to fill a vacancy. However, if a vacancy occurs in the office of Councillor and there is six months or less remaining in the term of office, the Council may decide to leave the office vacant.

Similarly, if the office of Mayor becomes vacant and there are 12 months or less remaining in the term of office, the deputy mayor shall perform the duties and exercise the powers of the mayor.

8. Montreal

The City of Montreal follows the provisions of the Elections and Referendums in Municipalities Act in filling vacancies. The Act provides that any vacancy occurring more than 12 months before the next general election must be filled by a by-election.

If there are 12 months or less remaining before the next general election, the Council may hold a by-election. If Council decides not to hold a by-election and the vacancy is in the office of Mayor, the Councillors shall elect one of the Councillors to fill the vacancy. If the vacancy is in the office of Councillor and Council decides not to hold a by-election, the vacancy shall not be filled.

9. Fredericton

The City relies on the provisions of the Municipalities Act in filling Council vacancies. The Act requires a by-election to be held to fill a vacancy. However, a by-election shall not be held if the vacancy occurs during the twelve months preceding the next general election.

10. Halifax

The City follows the provisions of the Municipal Elections Act in filling vacancies. The Act provides that a by-election shall be held to fill a vacancy on council. However, if the vacancy occurs within six months of the next general election, a by-election need not be held.

11. Charlottetown

The City follows the provisions of the Charlottetown Area Municipalities Act in filling vacancies on Council. The Act provides that a by-election must be held to fill any vacancy in the offices of mayor or councillor. However, if the vacancy occurs within six months of the next general election, a by-election need not be held.

12. St. John's

The City follows the provisions of the City of St. John's Act in filling council vacancies. The Act provides that a by-election must be held to fill a vacancy on council. However, if the vacancy occurs less than two years from the next general election, the vacancy need not be filled. (St. John's Council has a four year term.)

13. Yellowknife

The City has a written policy on filling vacancies on Council. Vacancies shall be filled in accordance with the Local Authorities Election Act taking into consideration the following principles:

(a) vacancies in the offices of the Mayor or Councillor that occur during the first two years of the term, shall be filled by a by-election;

(b) vacancies in the office of the Mayor which occur during the final year of the term, shall be filled either by a by-election or by the appointment of a Council Member to the office; and

(c) vacancies in the office of Councillor during the final year of the term, shall be filled by appointment.

A recommendation is currently being brought forward to amend the above noted policy to provide that a vacancy in the office of Mayor that occurs in the final year of the term, shall be filled by the appointment of a Council Member, i.e. the by-election option is being removed.

14. Whitehorse

The City follows the provisions of the Yukon Municipal Act in filling Council vacancies, which provides that a by-election shall be held to fill the vacancy. However, if the vacancy occurs after February 1 in the year of a general election, Council need not fill the vacancy if the remaining number of members of a council is:

(a) for a city, at least six councillors and one mayor; and

(b) for a town, at least four councillors and one mayor.

Conclusions:

With the exception of the City of London and the City of Yellowknife, which have a written policy for the filling of vacancies, all other municipalities surveyed follow the provisions of their applicable Acts. Generally, these Acts provide for all vacancies to be filled through a by-election except when the vacancy occurs within a defined time frame before the next general election (usually either six or twelve months).

Ontario's Municipal Act appears to be unique in giving a council total discretion in filling a vacancy through either the conduct of a by-election or an appointment.

Contact Name:

John Hollins, Director of Elections, City Clerk's Division

Telephone: (416) 392-8019 E-mail: jhollins@toronto.ca

Novina Wong

City Clerk