HomeMy WebLinkAboutCOR-20-008 - Regional Council Composition Review and Consultation ProcessREPORT TO:Committee of the Whole
DATE OF MEETING:August 24, 2020
SUBMITTED BY:Christine Tarling, Director of Legislated Services/City Clerk, 519-741-
2200, ext. 7809
PREPARED BY:Jeff Bunn, Manager of Council/Committee Services& Deputy Clerk,
519-741-2200, ext. 7278
WARD (S) INVOLVED:All
DATE OF REPORT:August 19, 2020
REPORT NO.:COR-20-008
SUBJECT:REGIONAL COUNCIL COMPOSITION REVIEW AND CONSULTATION
PROCESS
__________________________________________________________________________________________
RECOMMENDATION:
THAT Option 1 Status Quo as set out in the Region of Waterloo Report: PDL-CAS-20-05
as it pertains to the Composition of Regional Council for the upcoming 2022 municipal
election, be endorsed; andfurther,
THAT staff be directed to submit this Report and the adopted Resolution to the Regional
Cle
BACKGROUND:
th
Correspondence dated June 25,2020(1), was received from the Region of
Waterloo (the Region) concerning a Study and Staff Report (Regional Report PDL-CAS-202-05
2)that wasundertaken to consider Regional Council Composition Review Options
and Consultation Process. Both the Correspondence and the Report were circulated to the area
municipalities seeking input on the options related to the composition of Regional Council, and
then subsequentlycirculated to Kitchener City Council and the Corporate Leadership Team
(CLT) on June 29, 2020.
This report has been brought forward totheCommittee of the Whole this date in order to provide
Council and the public withsufficientnotice of the public meetingbeing conducted by the Region
on September 30, 2020.Prior to that date,Regional staff will report to Regional Council on
September 15, 2020 detailing the preferred option andwill include any input provided by the
lower-tier municipalities.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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REPORT:
Context and Overview
The Region, being an upper tier municipality, is required under the Municipal Actto conduct a
Council Composition Review before the end of 2020.The Region is required to pass a resolution
to maintain the status quo or pass a by-law to change the size of Regional Council by the end
of 2020.This by-law or resolution must be endorsed by a triple majority, being:
a majority of the votes on Regional Council;
supportive resolutions from a majority of the Councils of the area municipalities; and
the area municipalities that have passed resolutions consenting to the by-law, or the
resolution, must represent a majority of the electors in the Region.
If the triple majority is not obtained, the Municipal Actallows the Minister of Municipal Affairs &
Housing to change the composition of Regional Council through the adoption of a regulation.
Provincial legislation requires that the composition of Regional Council be reviewed again
following the 2026 election.
To commence the composition review process, the Region hired a consultant to work with
Regional staff to develop options for inclusion in the public consultation process. Arising from
this, the Region developed four (4) options that have been circulated to the area municipalities
for input.A public survey was also launched for a six (6) week period on the Engage Waterloo
Region platform that opened on June 25, 2020.
Following a review of the feedback received through the initial round of the engagement process,
the Region intends to recommend an option to the Committee on September 15, 2020.Following
that, a public input meeting of the Administration and Finance Committee will be held to hear
delegations on September 30, 2020.
Regional Council will need to declare its intention to confirm the current composition or to
approve a by-law adopting a change to the composition of Council at its meeting scheduled for
October 14, 2020.The positionundertaken by Regional Council will then be circulated to the
Area Municipal Councils to obtain the triple majority with the final confirmation of the resolution,
or by-law to be considered on November 25, 2020.
Kitchener Council Representation
The City of Kitchenerisrepresented on Regional Council by itsMayorand 4 Kitchener
Councillors.As such, Kitchener is represented by 5memberson Regional Council.
It is also important to note that on January 1, 2018, section 268 of the Municipal Act entitled
-This provision allows
the option for the Council of a lower tier to appoint an alternatefor the term of Council, should
the Mayor for any reason be unable to attendRegional Council meetings.This provision provides
added flexibility for lower tier municipalities to ensure continuous representation at Regional
Counciltosecure and safeguardthe interests of the lower tier municipalityat the upper tier due
the unforeseen absence of the Head of Council.
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OPTIONS AND ANALYSIS
The Region in their Report PDL-CAS-20-05has recommended four (4) options for consideration
relating to the future composition ofRegional Council using the following guiding principles:
1)Representation by population;
2)Balance of Rural and Urban Communities;
3)Current and Future Population Trends;and,
4)Effective Representation.
The four options being proposed as part of the consultation process by the Regionare identified
and explainedonpages 4-7of the RegionReport.The four options are:
1.Status Quo;
2.One Regional Councillor per 25,000 Residents in an Area Municipality (Based on Largest
Township Population);
3.Target of 30,000 residents per Regional Councillor for all of Regional Council (Based on
Previous Representation); and,
4.Combined Urban and Rural Representatives.
AlternativeOptions Not
Not included as an option by the Region is reducing the size of Regional Council. All options
provided by the Region propose either keeping the number of elected Councillors the same or
proposing an increase.The Region highlights the following reasons for why reducing the size of
Regional Council was not included as one of the options:
Waterloo Region already has the smallest Regional Council compared to the other
Regions and has the same or fewer Councillors than similar sized single-tier
municipalities such as Ottawa (23) or Hamilton (15);
On average, each Regional Councillor represents a population of 39,904 which falls within
the range of the other Regions;
Reducing the size of Council would reduce the directly elected urban Councillors which
is not in line with the principle of representation by population; and,
Should Regional Council be reduced then the Region would need to look at introducing
a complex system of weighted voting for Regional Council to reflect some resemblance
to representation by population.
Staff, in consultation and in collaboration with the other area municipalities, identified potential
other models or options for the potential composition of Regional Councilthatwere not included
as options by the Region as part of this consultation process.Included withthis report is a
collated table that includes all the Region and County Composition models ()that
currently exist across Ontario. The common models used in other upper tier municipalities
across Ontario include:
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Alternative Option 1: Directly/Indirectly Elected to Sit on Upper Tier
Council, or a Combination of Both
Description
Directly Elected Regional CouncilWouldbe comprised of members who
ran for the office of regional councillor in their municipality and serve only on
regional Council. This model is already in place for the three cities within the
Regionbutwould represent a change for the Townships.The Regional Chair
iscurrently directly electedacross all the lower tiers.
Indirectly Elected Regional Council Those elected to a lower tier
municipality would select amongst themselves who would sit on Regional
Council.Not currently in place in the Region of Waterloo.
Pros
Simple model that reduces confusion for public; and,
Selection of the Chair allows the Chair to have the confidence and support
of either the public by having been directly elected or the majority of
councillorsby being indirectly elected.
Cons
be too many Councillors;
Disagreements over which is better, or preferred by the community
Chair has a great deal of informal influence; and,
Diversity of the Region would also give a decided advantage to someone
from one of the larger cities.
Alternative Option 2: Double Direct Elected Representation
Description
Double Direct Elected Representation Candidates would run for offices
that sit on both the lower-tierand Regional Councils.By virtue of being elected
to the lower-tier, the candidate would also serve on Regional Council. For
example, the Mayor of the City of Kitchener isdouble direct elected byserving
as both the Mayor to the City and as a Regional Councillor. In some regions
(i.e., Halton Region),both the Mayor and some members of local Council are
double direct elected to Regional Councilin addition to the local municipality.
Pros
One election for lower tier and upper tier council.
Cons
Effective and consistent representation there could be a conflict at
times between which interests are being articulated by the Councillor.
There
perspective which could be at odds with the desires of the area
municipality.
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Alternative Option 3: Mayors only with Weighted Voting based upon
Population
Description
Mayors withWeighted Voting The Mayors sitting on Regional Council
would be assigned a weighting to their vote based upon population.This
would mean the Mayors of the larger cities would be assigned more votes
than the Mayor of the Townships. Northumberland County currently uses a
weighted voting system.
Pros
Allows for a close approximation to the representation bypopulation
principle viavoting without requiring a large number of bodies around the
table.
Cons
Could result in the marginalization of some members of council whose
voteswill have one-fourth of the weight of other members.
Recommendationand Rationale
Staff isrecommending the status quo as it pertains to the composition of Regional Council
leading into the next municipal election scheduled for 2022.Staff believesthe status quo
represents the most appropriate/sound decision at this time for a few reasons:
With a deadline of year-end quickly approaching, the window of time to pursue the
alternative options in amore structured and formal review/analysis is not available;
Due to the significant financial impact of COVID-19, a complicated and costly review of
alternative regional composition models is currently not the best interest of the City
currently; and,
Considering the recent provincial regional government review process, there is a level of
confidence that the provincial government is supportive of the current regional
composition.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
the delivery of core service.
FINANCIAL IMPLICATIONS:
There are no implications on the 2020 or 2021 Operating Budget in the consideration of this
Report.
COMMUNITY ENGAGEMENT:
INFORM
council / committee meeting.
CONSULT s consultation process will include a public input meeting of the
Administration and Finance Committee on September 30, 2020.
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ATTACHMENTS:
1.Correspondence received from the Region of Waterloo dated June 25, 2020.
2.Region of Waterloo staff report PDL-CAS-20-05: Regional Council Composition Review
Options and Consultation Process.
3.Summary Table: Council Representation for all Regions and Counties in Ontario.
ACKNOWLEDGED BY: Dan Chapman, Chief Administrative Officer
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Buubdinfou#2#
June 25, 2020
A34-80
Local Area Municipal Clerks
DearClerk’s Office:
Re: PDL-CAS-20-05, Regional Council Composition Review Options and
Consultation Process
Please find enclosed a copy of the staff report relating to this resolution. The
options are being provided to the area municipal Councils and public for input.
Public engagement through Engage WR opens on June 25, 2020 and will close on
August 15, 2020. Another report with a preferred option will be presented (with no
decision being made at that time) on September 15th and a public meeting
scheduled on September 30th. On October 14th, Regional Council will then pass
an intention to confirm the current composition or intention to approve a by-law
adopting a change to the composition of Regional Council. A triple majority will be
required from the area municipalities for the recommended option from Regional
Council. This will be sent out to each of you on October 15, 2020 with a response
required from your municipality by November 20, 2020. Final confirmation will be
done by Regional Council on November 25, 2020.
That the Regional Municipality of Waterloo direct staff to undertake
public consultation on the four options for Regional Council
Composition described in report PDL-CAS-20-05, dated June 16, 2020;
And that a public meeting be scheduled for September 30, 2020 to
consider the matter;
And that the report be circulated to the Area Municipal Councils for their
input on the four options.
If you have any questions please contact Lee Ann Wetzel, Manager, Council &
Admin Services/Deputy Clerk, 519-575-4410 or lwetzel@regionofwaterloo.ca
3336936
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Please forward any written responses to this letter to Kris Fletcher, Director, Council
& Administrative Services/Regional Clerk.
Regards,
Kris Fletcher, Director, Council & Admin Services/Regional Clerk
KF/hk
Enclosed: Report PDL-CAS-20-05, Regional Council Composition Review
Options and Consultation Process
cc: Lee Ann Wetzel, Manager, Council & Admin Services/Deputy Clerk
3336936
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Buubdinfou#3#
Report:PDL-CAS-20-05
Region of Waterloo
Planning, Development and Legislative Services
Council and Administrative Services
To:Chair Tom GallowayandMembers of Council
Date: June 16, 2020File Code: A34-80
Subject:Regional Council Composition Review Options and Consultation
Process
Recommendation:
That the Regional Municipality of Waterloo directstaff to undertake public consultation
on the four options for Regional Council Composition described in report PDL-CAS-20-
05, dated June 16, 2020;
And that a public meeting be scheduled for September 30, 2020 to consider the matter;
And that the report be circulated to the Area Municipal Councils for their input on the
four options.
Summary:
The Region of Waterloo is required by the Municipal Act to conduct a Council
composition review by the end of 2020. Staff have prepared four options for
consideration:
the status quo;
an allocation of one Regional Councillor per 25,000 residentsin an area
municipality,based on largest Township population;
an overall target of 30,000 residents per Regional Councillorfor all of Regional
Council,based on previous representation;and
a system of Combined Urban and Rural Representatives
Staff are recommending that these options be provided to the Councils of the area
municipalities and to the public for input.
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June 16, 2020Report: PDL-CAS-20-05
After the public consultation, any option selected by the Region must be supported by
the triple majority as outlined in thisreport.
Report:
The Region of Waterloo is required by the Municipal Act to conduct a review of the
composition of Regional Council by the end of 2020. While staff have made inquiries,
there has been no confirmation that the province is considering waiving or delaying this
requirement due to the Covid-19 pandemic.
On March 24, 2020 Council approved report PDL-CAS-20-03and directed the Regional
Clerk to complete the required Council Composition Review using in house resources
with the assistance of a consultant. Dr. Robert Williams was selected as the consultant
and has met with staff on the formulation of the options included in the report and the
development of the public consultation process.
The Municipal Act requires that Regional Council be composed of a minimum of five
members and that each area municipality be represented on the upper-tier council.
Currently each area municipality is represented on Regional Council by the Cityand
Township Mayors. Historically this was the requirement in the Regional Municipality of
Waterloo Act passed in 1973. This remained in place in 2000 when provincial legislation
was passed that set the current composition of Council and the direct election of
Regional Councillors.
Section 218 and 219 of the Municipal Act (Appendix 1) outlines the requirementsfor the
review of the composition of Regional Council. The Region is required to pass a
resolution to maintain the status quo or pass a by-law to change the size of Council by
the end of 2020. This by-law or resolution must be endorsed by a triple majority, being:
a majority of the votes on Regional Council;
supportive resolutions from a majority of the Councils of the area municipalities;
and
the area municipalities that have passed resolutions consenting to the by-law, or
the resolution, must represent a majority of the electors in the Region.
If the triple majority is not obtained, the Municipal Act allows the Minister to change the
composition of Regional Council through a regulation.
Guiding Principles
Staff have utilized the following guiding principles when reviewing the council composition
Representation by Population – Subject to the overriding principle of effective
representation, it is desirable that voters should be relatively equally represented
across the Region. The principle is intended to ensure that residents have
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June 16, 2020Report: PDL-CAS-20-05
comparable access to their elected representatives and that the workload of these
representatives is relatively balanced. Representation by population will be
calculated using total population figures rather than by the number of eligible
electors, recognizing that non-voters are also participants within the community.
Balance of Rural and Urban Communities (as outlined in the Strategic Plan) – It is
important to recognize the uniqueness of our rural and urban communities and to
ensure that residents of Townships and Cities are all provided with effective
representation.
Current and Future Population Trends – The next composition review will occur
between 2026 and 2028 as mandated by the Municipal Act. Thisreview will
consider anticipated population trends to ensure effective representation for the
2022 and 2026 Municipal Elections.
Effective Representation – In the “Carter decision”, the Supreme Court of Canada
concluded that the “purpose of the right to vote enshrined in s.3 of the Charter is
not equality of voting power per se but the right to ‘effective representation’”. While
voter parity is important, exact voter parity is not obtainable. Rather, since a vote is
intended to provide meaningful on-going representation after the election, it may
be necessary to consider the best forms of representation and place a higher
priority on other principles to create plausible and coherent electoral areas that
better contribute to ‘effective representation’ than electoral areas that are equal in
population.
Previous Composition Reviews
The composition of Regional Council was last reviewed in 2008. At that time Regional
Council decided to defer an Administration and Finance Committee motion that would
have increased the size of Council by fourmembers (two in Kitchener and one in each of
Waterloo and Cambridge), but the issue was not brought back.
The last change to the composition of Regional Council was done by the province through
the Direct Democracy Through Municipal Referendums Actfor the municipal election held
in November 2000. At that time Council was reducedfrom twenty-two (22) members to
the current sixteen (16) members, with eight (8) members being directly elected. The
Regional Chair was first directly elected starting in 1997.
As Table 1 demonstrates, the population balance between the area municipalities has not
varied significantly from the creation of the current composition. After the 2026 election
provincial legislation requires thatthe composition of Regional Council be reviewed again.
Population projections to 2026 demonstrate that that all of the area municipalities are
expected to continue to grow at a somewhat equal rate.
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June 16, 2020Report: PDL-CAS-20-05
Table 1 – Regional Population Figures for 2001, 2019, and 2026
Municipality2001%Region 2019%Region 2026%Region
12
Pop.Pop.
Pop.Pop. Pop. Pop.
Cambridge113,57125%136,34523%156,137 24%
Kitchener199,02743%256,34043%272,965 42%
North 8,8832%10,7692%14,222 2%
Dumfries
Waterloo93,29620%135,12723%146,407 22%
Wellesley9,5812%11,5702%11,785 2%
Wilmot15,1873%21,7834%24,155 4%
Woolwich18,5664%26,6224%30,776 5%
Region458,111100%598,556100%656,447 100%
Option 1 – Status Quo
TheRegion is permitted to pass a resolution supporting the status quo. Just like the other
options, a resolution to maintain the status quo must also be endorsed by a triple majority.
The current composition does not strictly match with the principle of representation by
population but it may strike an acceptable balancefor ensuring the principle of effective
representation is being met.Although the population balance between the municipalities
has not variedsignificantly since 2001, the number of residents that are represented by
each Councillor has risen by approximately 9,000 to approximately 39,000 per Regional
Councillor. This is projected to continue to increase though 2026 to approximately 43,000.
Table 2 – Status Quo
Municipality2019Regional 2019Population 2026Population
Population
Councillors*per Regional per Regional
CouncillorCouncillor
Cambridge136,345352,046
45,448
Kitchener256,340554,593
51,268
North Dumfries10,769114,222
10,769
Waterloo135,127348,802
45,042
Wellesley11,570111,785
11,570
Wilmot21,783124,155
21,783
Woolwich26,622130,776
26,622
Region598,55615*43,763
39,904
*Does not include the Regional Chair, includes Mayors
1
2019 are best estimates based on information currently available.
2
Population forecasts to 2026 reflect the Region’s moderate forecast scenario that is used in
master plans.
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June 16, 2020Report: PDL-CAS-20-05
Option 2 – One Regional Councillor per 25,000 Residentsin an Area Municipality
(Based on Largest Township Population)
This option would aim to balance the representation by population. A target of 25,000
residents per councillorwould be set based on the population of the largest Township.
Setting the target at 10,000 to be inline with the smallest Township would result in a
Regional Council of 58members, which is not practical nor fiscallydesirable.
Under this option the size of Council would increase by 8, to 24members including the
Regional Chair, with Cambridge and Waterloo increasing their Councillors by 2 and
Kitchener increasing by 4. None of the Townships would see an increase in the number
of representatives but the population per Regional Councillor would become closer to
those in the Cities.
This option better aligns with the principleof representation by population but may
negatively impact the principle of balancing rural and urban communities. The size of
Regional Council and the average population represented by each Councillor would be
closer to those of Halton and Durham Regions(see table 6), under this option.
Table 3 - One Regional Councillor per approximately 25,000 - 30,000 Residents
Municipality2019Regional 2019Population 2026Population
Population
Councillors*per Regional per Regional
CouncillorCouncillor
Cambridge136,345527,26931,227
Kitchener256,340928,48230,329
North Dumfries10,769110,76914,222
Waterloo135,127527,02529,281
Wellesley11,570111,57011,785
Wilmot21,783121,78324,155
Woolwich26,622126,62230,776
Region598,55623*26,02428,541
*Does not include the Regional Chair, includes Mayors
Option 3 –Target of 30,000 residents per Regional Councillor for all of Regional
Council(Based on Previous Representation)
This option recognizes the balance of rural and urban communities that is served under
the current model, while acknowledging that thenumber of residents that are
represented by each Councillor has risen by an average of more than 9,000 since the
current composition was established and is projected to be over 13,000 by 2026.
Under this option a target of 30,000residents per Regional Councillor, for all of
Regional Council would be set.This target is based on the average number of residents
that were represented by Regional Councillors when the current composition was
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June 16, 2020Report: PDL-CAS-20-05
established.
In order to reach this target, while being mindful of the principle of representation by
population, Cambridge and Waterloo would each increase by 1 Regional Councillor and
Kitchener would increase by 2. Including the Regional Chair, this would result in a 20-
member Regional Council.
Table 4 – Overall Target of approximately 30,000 Residentsper Regional Councillor
Municipality2019Regional 2019Population 2026 Population
Population
Councillors*per Regional per Regional
CouncillorCouncillor
Cambridge136,345434,08639,034
Kitchener256,340736,62038,995
North Dumfries10,769110,76914,222
Waterloo135,127433,78236,602
Wellesley11,570111,57011,785
Wilmot21,783121,78324,155
Woolwich26,622126,62230,776
Region598,55619*31,50334,550
*Does not include the Regional Chair, includes Mayors
Option 4 – Combined Urban and Rural Representatives
This option attempts to address the principles of effective representation, representation
by population, and rural and urban communities. Under this option the Mayors would
continue to represent their area municipalities. The directly elected Councillors would
change from representing asingle City, to representing at least one Township and one
City.
A target of approximately 50,000 residents per directlyelectedRegional Councillor
would be used which results in 3 Councillors for North Dumfries and Cambridge; 3
Councillors for Waterloo, Woolwich, and Wellesley; and 5 Councillors for Kitchener and
Wilmot. The directly elected Regional Councillors would be elected by, and accountable
to, all of the residents in the City and Township(s) that they would represent. This would
result in a 19-member Regional Council, including the Regional Chair.
The target of 50,000 residents per directly elected Regional Councillor is higher than the
targets in the other options that are proposed in the report. This target would only apply
to the directly elected Regional Councillors. Because the Mayors are not factored into
this calculation, the number of Regional Councillors involved is lower than the other
options, without reducing the number of representatives that residents can contact. If a
target of 30,000 residents per directly elected Regional Councillor was used under this
option, the size of Council would increase to 27, including the Regional Chair. If a target
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June 16, 2020Report: PDL-CAS-20-05
of 40,000 residents per directly elected Regional Councillor was used under this option,
the size of Council would increase to 23, including the Regional Chair.
Table 5 – Combined Urban and Rural Representatives
Municipality2019Regional 2019Population 2026Population
PopulationCouncillors*per Regional per Regional
CouncillorCouncillor
136,3451 (Mayor)136,345156,137
Cambridge
10,7691 (Mayor)10,76914,222
North Dumfries
135,1271 (Mayor)135,127146,407
Waterloo
26,6221 (Mayor)26,62230,776
Woolwich
11,5701 (Mayor)11,57011,785
Wellesley
256,3401 (Mayor)256,340272,965
Kitchener
21,7831 (Mayor)21,78324,155
Wilmot
Cambridge and 147,1143 (Directly 49,03856,786
North DumfriesElected)
Waterloo 173,3193 (Directly 57,77362,989
Woolwich and Elected)
Wellesley
Kitchener and 278,1235 (Directly 55,62559,424
WilmotElected)
Region36,469
33,253
598,55618*
*Does not include the Regional Chair
Reducing the Size of Council
None of the options that are being presented for public input will reduce the size of
Regional Council. This is due to a number of reasons. Waterloo Region already has the
smallest Regional Council compared to the other Regions and has the same or fewer
Councillors than similar sized single-tier municipalities such as Ottawa (23) or Hamilton
(15). Additionally, as the following table demonstrates, on average, each Councillor
represents a population of 39,904 which falls within the range of the other Regions.
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June 16, 2020Report: PDL-CAS-20-05
Table 6 – Other Regions
RegionRegional Local 2019PopulationRange of local
CouncillorsMunicipalities Population.per municipal
3
*Councillorrepresentation
Waterloo157598,55639,90410,000 to 52,000
Durham288697,35524,906 6,000to 29,000
Halton234596,36925,929 20,000to26,000
Niagara3112479,18315,458 6,000to22,000
Peel2431,541,99464,250 14,000to91,000
York2091,181,48559,074 24,000to82,000
*Does not include Regional Chairs
Finally, reducing the size of Council would require either:
Reducing the directly elected urban Councillors which is not inline with the
principle of representation by population;
Reducing the representation of the area Mayors on Regional Council; or
A complex system of weighted voting for Regional Council.
Staff are not recommending any of these options for reducing Regional Council, so no
option was developed.
Public Engagement and Public Meeting Requirements
With respect to public consultation, apublic survey will be available on Engage
Waterloo Region for six weeks, starting on June 25, 2020. A public input meeting of the
Administration and Finance Committee willbe held to hear delegationson September
30,2020.
Staff had originally planned to hold three (3) consultation centres/open houses in
various areas of the Regionin June 2020. However, due to the Covid-19 pandemic
these events are currently not possible. Staff will monitor the situation and look for
additional opportunities for consultation throughout the summer.
Consultation with the Area Municipalities
The Municipal Act requires that whichever option Council wishes to pursue, it must be
endorsed by a triple majority, namely:
a majority of the votes on Regional Council;
supportive resolutions from a majority of the Councils of the area municipalities;
and
3 2019 population figures for the other Regions were obtained from Stats Canada at
https://www150.statcan.gc.ca/t1/tbl1/en/tv.action?pid=1710013901
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June 16, 2020Report: PDL-CAS-20-05
the area municipalities that have passed resolutions consenting to the by-law, or
the resolution, must represent a majority of the electors in the Region.
Staff are recommending thatthis report be circulated to the Area Municipal Councils to
seek their input on which of the four optionsthey would be prepared to support.
Staff will review the feedback from the Area Municipal Councilsand the public, and will
recommend an option to the Committee on September 15, 2020. The Committee will be
able to hear from delegations at the public meeting on September 30,2020. Council will
need to declare its intention to confirm the current composition or to approve a by-law
adopting a change to the composition of Council on October 14,2020. This will then be
circulated to the Area Municipal Councils to obtain the triple majority with the final
2020.
confirmation of the resolution or by-law on November 25,
If a triple majority is not obtained for a resolution supporting the status quo, or a by-law
changing the composition of Regional Councilwithin the timeframe outlined below,
Section 218(7) of the Municipal Act allows the Minister to change the composition of
Council through a regulation.
Next Steps
The following is a high level project plan for the proposed work.
Table 7 – Next Steps
TimeframeTasks
Late June -
Present the options to the Area Municipal Councils and public
August
for input
Utilize the Engage Waterloo Region Platform
th
September
Present preferred option to Council on September 15(No
Decision)
Hold the required Public Meeting to hear from delegations on
th
the preferred option on September 30
Pass intention to confirm the current composition or intention
to approve a by-law adopting a change to the composition of
th
Council on October 14
October 15 –
Seek triple majority consent from Area Municipal Councils to
November 20
the confirmation of the current composition or the by-law
th
November 25
Final confirmation of current composition or approval of a by-
Council Meeting
law changing the composition of Council
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June 16, 2020Report: PDL-CAS-20-05
Corporate Strategic Plan:
The proposed review of council composition aligns with Focus Area 5 of the Strategic
Plan – Responsive and Engaging Public Serviceand Strategic Imperative, Balance of
Rural and Urban Communities.
Financial Implications:
In 2019 the average cost of a directly elected councillor was approximately $66,000.
This accounts for salary, benefits, mileage, communication, and conferences. It does
not account for additional staff that would be required to support the additional
councillors or physical modifications to offices that would be required for any new
councillors.
Other Department Consultations/Concurrence:
Staff from Legal Services and Planning provided input on the report.
Attachments:
Appendix 1 – Municipal Act Section 218
Tim Brubacher, Council/Committee Support Specialist
Prepared By:
Lee Ann Wetzel, Deputy Clerk/Manager, Council and Administrative
Services
Approved By:Kris Fletcher, Regional Clerk/Director, Council and Administrative
Services
Rod Regier, Commissioner, Planning, Development and Legislative
Services
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June 16, 2020Report: PDL-CAS-20-05
Appendix 1 – Municipal Act Section 218
Composition of upper-tier council
218(1) Without limiting sections 9, 10 and 11, those sections authorize an upper-tier
municipality to change the composition of its council subject to the following rules:
1. There shall be a minimum of five members, one of whom shall be the head of council.
2. The head of council shall be elected by general vote, in accordance with
theMunicipal Elections Act, 1996, or shall be appointed by the members of council.
2.1Repealed: 2018, c. 11, Sched. 2, s. 1 (2).
3. The members of council, except the head of council, shall be elected in accordance
with theMunicipal Elections Act, 1996to the upper-tier council or to the council of one
of its lower-tier municipalities.
4. The head of council shall be qualified to be elected as a member of council of the
upper-tier municipality.
5. If the membersof council are directly elected to the upper-tier council and not to the
council of a lower-tier municipality, the members shall be elected by general vote or
wards or by any combination of general vote and wards.
6. Each lower-tier municipality shall be represented on the upper-tier council. 2001,
c. 25, s.218(1); 2006, c.32, Sched.A, s.93(1); 2016, c. 37, Sched. 15, s. 1; 2018, c.
11, Sched. 2, s. 1.
Types of changes
(2) Without limiting sections 9, 10 and 11, the power to change the composition of
council includes the power to,
(a) change the number of members of its council that represent one or more of its lower-
tier municipalities;
(b) change the method of selecting members of the council, including having members
directly elected to the upper-tier council and not to the council of a lower-tier
municipality, members elected to serve on both the upper-tier and lower-tier councils or
members elected to the lower-tier councils and appointed to the upper-tier council by
the lower-tier municipalities, or a combination of methods of election;
(c) have a member representing more than one lower-tier municipality;
(d) require that if a member of council is appointed by the members of council as the
head of the upper-tier council, the member is no longer entitled to hold office on the
council of a lower-tier municipality or any other office on the council of the upper-tier
municipality or both; and
(e) require that if a member of council is appointed by the members of council as the
head of the upper-tier council, the appointed member must hold office on the council of
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June 16, 2020Report: PDL-CAS-20-05
a lower-tier municipality. 2001, c.25, s.218(2); 2006, c. 32, Sched. A, s. 93 (2); 2017,
c. 10, Sched. 1, s. 14 (1).
Number of votes
(3) Without limiting sections 9, 10 and 11, those sections authorize an upper-tier
municipality to change the number of votes given to any member but each member
shall have at least one vote. 2006, c.32, Sched.A, s.93(3).
Term of office
(4) Without limiting sections 9, 10 and 11, those sections authorize an upper-tier
municipality to change the term of office of an appointed head of council so long as the
new term does not extend beyond the term of council. 2006, c.32, Sched.A, s.93(3).
Term unaffected
(5) Except as provided in subsection (4), nothingin this section authorizes an upper-tier
municipality to change the term of office of a member of council. 2017, c. 10, Sched. 1,
s. 14 (2).
Reviews by regional municipalities
(6) Following the regular election in 2018 and following every second regular election
after that, a regional municipality shall review, for each of its lower-tier municipalities,
the number of members of its council that represent the lower-tier municipality. 2017, c.
10, Sched. 1, s. 14 (2).
Regulations
(7) The Minister may make a regulation changing the composition of a council of a
regional municipality if the regional municipality does not, in the period of time that starts
on the day the new council is organized following a regular election referred to in
subsection (6) and endson the day two years after that day, either,
(a) pass a by-law to change, for one or more of its lower-tier municipalities, the number
of the members of its council that represent the lower-tier municipality; or
(b) pass a resolution to affirm, for each of its lower-tier municipalities, the number of the
members of its council that represent the lower-tier municipality. 2017, c. 10, Sched. 1,
s. 14 (2).
When regulation may be made
(8) The Minister may make a regulation under subsection (7) only after the period of
time referred to in that subsection but before the year of the next regular election after
which the regional municipality has a duty to conduct a review under subsection (6).
2017, c. 10, Sched. 1, s. 14 (2).
What regulation may include
(9) A regulation made under subsection (7) may include anything that could be included
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June 16, 2020Report: PDL-CAS-20-05
in a by-law of the upper-tier municipality under subsections (1) to (5) and is subject to
the limitations set out in those subsections. 2017, c. 10, Sched. 1, s. 14 (2).
What Minister shall have regard to
(10) When considering whether to make a regulation under subsection (7), the Minister
shall, in addition to anything else the Minister wishes to consider, have regard to the
principle of representation by population. 2017, c. 10,Sched. 1, s. 14 (2).
Transition
(11) Until after the regular election in 2026, subsections (6) and (7) do not apply to a
regional municipality that, during the period between the regular election in 2014 and
the regular election in 2018, passes a by-law to change, for one or more of its lower-tier
municipalities, the number of members of its council that represent the lower-tier
municipality. 2017, c. 10, Sched. 1, s. 14 (2).
Section 219 Notice and Triple Majority
Notice
219(1)Before passing a by-law described in section 218 or aresolution described in
clause 218 (7) (b), the municipality shall give notice of its intention to pass the by-law or
resolution and shall hold at least one public meeting to consider the matter. 2017, c. 10,
Sched. 1, s. 15.
Validity
(2)A by-law described in section 218 making changes described in clauses 218 (2) (a),
(b) and (c) or in subsection 218 (3) or a resolution described in clause 218 (7) (b) is not
valid unless,
(a)a majority of all votes on the upper-tier councilare cast in favour of the by-
law or the resolution;
(b)a majority of the councils of all lower-tier municipalities forming part of the
upper-tier municipality have passed resolutions consenting to the by-law or the
resolution; and
(c) the total number of electors in the lower-tier municipalities that have
passed resolutions consenting to the by-law or the resolution form a majority of all the
electors in the upper-tier municipality. 2017, c. 10, Sched. 1, s. 15.
3261926Page 13of 13
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2019
#4#
Population per Councillor
9,4505,2195,56312,96620,4925,5722,43110,3853,9537,2583,7446,9816,73212,228
Buubdinfou
1
2019 Population
66,14767,84450,069181,530163,937100,30319,445145,38759,297123,39959,91869,81942,88874,05985,598
Local Municipalities
887749414911810477
Councillors*
713914818814151716108117
tier
-
represents
elected from the
ŷƷƷƦƭʹΉΉǞǞǞЊЎЉ͵ƭƷğƷĭğƓ͵ŭĭ͵ĭğΉƷЊΉƷĬƌЊΉĻƓΉĭǝ͵ğĭƷźƚƓͪƦźķўЊАЊЉЉЊЌВЉЊ
tier municipality and 4 Deputy tier municipality. Warden is
--
some lower tiers have two and
Composition
the nine member municipalities.
tier municipalities with more than
-
Townships of North Frontenac, Central
tier government with Warden (Head of Council) tier government with Warden
--
One Warden and seven Councilors (each represents one of the lower tiers)One Warden and thirteen Councilors (each one of the lower tiers others have one based on the population of the
lower tier)Twoelected annually from Members of Council. Council is comprised of 9 members including mayors from each of the 7 municipalities and the deputy mayors from Municipality
of Central Elgin and Township of Malahide (the 2 largest municipalities).Twomembers of Council. Council is comprised of 14 members including the mayors and deputy mayors of each of
the 7 municipalities.Council consists of eight members. They are the four Mayors from the Frontenac, South Frontenac and Frontenac Islands, as well as a chosen Councillor from each
these township Councils.Grey County Council consists of the Mayor and Deputy Mayor from each of Each municipality is represented on County Council by their Mayor and Deputy Mayor, one
of which is elected annually by County Council to serve as County Warden.Hastings County Council is made up of the Heads of Council of its 14 member municipalities.Mayors/Reeves, Deputy
Mayors/ReevesMayors plus additional Councillors based on lower tier population size2 Representatives from each municipality (chosen by each municipality)All heads of Council4 Mayors
and 4 Deputy Mayors from each lowermunicipality. Warden is elected by Council annually. 7 Mayors from each lowerMayors from lower5,000 electors. Warden is elected by Council annually.
7 Mayors from each lowerelected by Council annually.
BruceDufferinElginEssexFrontenacGreyHaliburtonHastingsHuronLambtonLanarkLeeds and GrenvilleLennox and AddingtonMiddlesexNorthumberland ЋЉЊВ ƦƚƦǒƌğƷźƚƓ ŅźŭǒƩĻƭ ŅƚƩ /ƚǒƓƷźĻƭ ğƓķ wĻŭźƚƓƭ
ǞĻƩĻ ƚĬƷğźƓĻķ ŅƩƚƒ {ƷğƷźƭƷźĭƭ /ğƓğķğʹ
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3 - 22
11,4007,6795,06411,1668,85117,6079,84215,06924,41425,9293,01215,45764,24939,90459,074
81,485
114,00076,79681,032 (2016)89,333 (2016)88,512 (2016)528,226118,114241,119683,600.596,36966,268479,1831,541,994598,5561,1
848817 communities167784612379
10101681030121628232231241520
direct
-
councilors.
representing wards
of regional councillors
members from wards in
members. Municipal
tier municipality and 2
-
.
19 elected
municipalities.
rs, members are elected in double
yo
of election. The Regional Chair is elected by
8 Mayors from each lowerCity/County Councillors from Woodstock. Warden is elected by Council every 4 years.Warden is elected by council representation: North Perth 3 representatives
with 2 votes each, West Perth 2 representatives with 2 votes each. Perth East 3 representatives with 2 votes each, Perth South 2 representatives with 1 vote eachMayor and Deputy Mayor
from all 8 municipalities. 2 of those 16 are elected Warden and Deputy Warden. This position is for 2 years. Mayor of each of the 8 municipalities sit on the County Council. Warden
is elected annually by members. Includes the Mayors or reeves from each of the 17 communities within the county boundaries. The warden is elected annually by members. 15 Mayors/15 Deputy
MayorsAll Mayors and Deputy Mayors act as Warden selected from group6 Mayors/6 Deputy MayorsAll Mayors and Deputy Mayors act as councilors. Warden selected from groupThe Mayors of the
7 local area municipalities and 9 Regional Councillors elected from the local area municipalities. Warden selected from groupOne Regional Chair, the Mayors of the 8 local area municipalities
and 20 Regional Councillors elected from the 8 local area municipalities.One Regional Chair, the Mayors of the 4 local municipalities, andthe area municipalities.Comprised of District
Chair, the Mayors of Six area municipalities, and 16 District Councillors who also sit on the area municipal councils (four from each, with the exception of the Township of Lake of
Bays and Georgian Bay, who have three representatives)area municipalities, and 19 elected representatives from One regional chair, mayors of Brampton, Caledon, and Mississauga, and
council members from each city or townChair, Mayors and direct electionbased on municipal populationChair, Maform members of Regional Council at the first meeting of the term.
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OxfordPerthPeterboroughPrescott and RussellRenfrewSimcoeStormont, Dundas and GlengarryWellingtonDurhamHaltonMuskokaNiagaraPeelWaterlooYork
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3 - 23