On October 19, 2022, City Clerk, John D. Elvidge, announced the election for the French language public school trustee in Conseil scolaire Viamonde (Ward 3 – Centre) is void after determining that one of the two candidates 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.
Voters are reminded to vote for mayor and councillor on election day, October 24. The by-election will be for the office of Conseil scolaire Viamonde (Ward 3 – Centre) school board trustee only.
The candidate no longer meets the qualifications for office, because it has been determined that they are not a French-language rights holder as required in the Education Act, R.S.O. 1990. This includes having:
Under subsection 39(b) of the Municipal Elections Act, 1996 (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. 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 3,700 affected French language public school voters of Conseil scolaire Viamonde (Ward 3 – Centre) as soon as possible. This school board’s Ward 3 boundaries include six City 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 public school voters will be instructed not to mark their ballot for school board trustee in Conseil scolaire Viamonde (Ward 3 – Centre).
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.
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.
The qualifications 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 Paper. Certification took place, as required, on August 19, 2022.