On October 22, 2022, Toronto City Clerk, John D. Elvidge, announced the election for the French language Catholic school trustee, Conseil scolaire catholique MonAvenir (Ward 4 – Toronto Est) is void after determining that an additional candidate is not eligible to hold office. The election for that office will not take place on October 24 and a by-election will be held instead. The Clerk’s decision is based on new information obtained Friday evening (October 21, 2022).
Under subsection 39(b) of The Municipal Elections Act, (MEA), if a certified candidate for an office becomes ineligible to hold that office and another candidate would be elected by acclamation as a result, then the election is void and a by-election shall be held to fill the office.
On Friday, October 21, there was an announcement that one of the three candidates running for the office in Ward 4 – Toronto Est was not eligible to hold office. At that time, the election could continue because there were two remaining candidates, and no one would be elected by acclamation as a result of the ineligibility of the candidate.
Now that one of the remaining candidates is ineligible, the election has been voided and a by-election will take place. The City Clerk will rely upon their general powers pursuant to section 12 of the MEA to take whatever steps are necessary to implement this decision.
Information about an upcoming by-election for this office will be provided to the approximately 3,000 affected French language Catholic school voters of Conseil scolaire catholique MonAvenir (Ward 4 – Toronto Est) as soon as possible. This school board’s Ward 4 boundaries include 11 City of Toronto wards:
The ballots for election day have already been printed and cannot be changed in time for Monday’s election. On election day, French language Catholic school voters will be instructed not to mark their ballot for school board trustee in Conseil scolaire catholique MonAvenir (Ward 4 – Toronto Est).
The election for this office will be voided on ballots cast on election day, as well as those already cast during the advance vote and through mail-in voting. Affected voters will still be able to cast their ballot for mayor and councillor on election day.
To run for elected office, candidates must file a nomination and sign an Acknowledgement of Qualifications affirming they are qualified to be elected and to hold the office shown on the Nomination Paper pursuant to the MEA, Municipal Conflict of Interest Act, R.S.O. 1990, and as applicable, the City of Toronto Act, 2006 or Education Act. Qualifications for candidates to run for this school board are set out in the Education Act in subsections 58.8 (1) and 219 (1).
The City Clerk is authorized under the MEA to rely on the nomination and Acknowledgement of Qualifications provided by a candidate in certifying Nomination Papers. It is the responsibility of the individual to ensure they are qualified to run for the office and to file a complete and accurate Nomination Paper. Certification took place, as required, on August 19.