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HomeMy WebLinkAbout2018 Candidate Deck (March 19 2018) 2018 Municipal Election Information Session Candidate and Third Party Advertiser 2 Ministry of Municipal Affairs DISCLAIMER should not be considered legal advice. These not meant to replace provincial legislation. For laws.gov.on.ca. - These slides are provided by the Ministry of Municipal Affairs for convenience only. The slidesslides aremore specific information, please refer to the relevant legislation and regulations which can be found online at www.eAs local facts and circumstances are variable, users should obtain their own legal and professional advice when specific issues arise. March 29, 2018 3 Ministry of Municipal Affairs OVERVIEW Roles and responsibilities of elected officials, staff and third party advertisers Eligibility rulesNomination processCampaign financesCompliance auditScrutineers RecountsResources March 29, 2018 4 Ministry of Municipal Affairs WHY RUN FOR OFFICE? March 29, 2018 being and - 5 Ministry of Municipal Affairs Municipal Act, 2001 municipality ROLE OF COUNCIL which services the municipality provides the public and to consider the well and evaluate the policies and programs of the that administrative and controllership policies, represent interests of the develop municipalitydetermine ensure practices and procedures are in place to implement the decisions of council Section 224 of the It is the role of council to: March 29, 2018 6 : or any other Act Ministry of Municipal Affairs ensure the accountability and transparency of the operations of the municipality, including the activities of the senior management of the municipalitymaintain the financial integrity of the municipalitycarry out the duties of council under the Municipal Act, 2001 is the role of council to It March 29, 2018 staff* 7 Ministry of Municipal Affairs between council and of authority ccountability and transparencyelegationiringisposition and sale of landrotection of tree canopy and natural vegetation*regnancy and parental leaves* anoticedhdprocurement of goods and servicesrelationship pp ass bylawsevelop policies with respect to: onduct meetings cpd It is also the role of council to:*The requirement for council to develop these policies comes into effect on March 1, 2019. March 29, 2018 Municipal 8 Ministry of Municipal Affairs Act Municipal Act, 2001 or any other ROLE OF HEAD OF COUNCIL act as the chief executive officerprovide leadership to the councilprovide information/recommendations to council on policies, practices, procedures, to ensure transparency and accountabilityrepresen t the municipality at official functionscarry out the duties of the head of council under the Act, 2001 Section 225 of the It is the role of head of council to: March 29, 2018 9 Ministry of Municipal Affairs uphold and promote the purposes of the municipalitypromote public involvementact as the representative and promote the municipality locally and elsewhereparticipate in and foster activities that enhance the economic, social and environmental well being of the municipality and its residents As the chief executive officer of the municipality, the head of council shall: March 29, 2018 legislation and 10 Ministry of Municipal Affairs research and provide advice to out duties required under ROLE OF MUNICIPAL STAFF implement administrative practices and procedures to carry undertake council on the policies and programs of the municipalitycarry as assigned by council It is the role of municipal staff to: March 29, 2018 Staff Management Managing people and Planning, organizing and Being accountable to resources, information and actions to achieve goalsdeliveringcouncil for work undertaken on its behalf 11 Ministry of Municipal Affairs Leadership Developing vision Aligning people and Motivating and Measuring progressBeing accountable and goalsresources with vision and goalsinspiringand transparent Council Governance Representing the Setting direction Overseeing and communityand policybeing accountable for public funds and trust March 29, 2018 COUNCIL/STAFF ROLES AND RESPONSIBILITIES and boards school boards, 12 Ministry of Municipal Affairs elected representatives of the public, - creates four different kinds of school language separate district school language public district school boards, language public district language separate district school boards, - - - - Education Act English School board trustees are members of the school board. Trustees are locallyeducation.The boards:(i) (ii) English(iii) French(iv) French ROLE OF SCHOOL BOARD TRUSTEE March 29, 2018 13 Ministry of Municipal Affairs policy direction onstituentsommunity amilies cMinistry of Educationfc establishparticipate in making decisions that benefit the entire school board while representing the interests of constituentsbe accountable to: oooo The role of a school board trustee is to: March 29, 2018 14 Ministry of Municipal Affairs resident owner or tenant or spouse - resident owner or tenant - A resident, nonof a nonA Canadian citizen18 years of age or olderNot legally prohibited from votingNot disqualified by any legislation from holding municipal office What are the qualifications to run for municipal office? March 29, 2018 ELIGIBILITY TO RUN FOR MUNICIPAL OFFICE 15 Ministry of Municipal Affairs MUNICIPAL OFFICE NOT ELIGIBLE TO RUN FOR judge of any courtmember of the Ontario Legislature, Senate or House of person who was a candidate in the previous election ny person not eligible to vote in the municipalityn employee of the municipality (unless a leave of aaabsence is taken before nomination and the employee resigns if elected)aaCommonsaand did not file a campaign financial statement by the deadline Who is not eligible to run for municipal office? March 29, 2018 16 board election being a Roman Catholic, or hold Ministry of Municipal Affairs ELIGIBILITY TO RUN FOR to vote for school SCHOOL BOARD TRUSTEE resident within the jurisdiction of the boardeet any other qualifications to vote for the school ligible e a Canadian citizen aged 18 or older aebmboard (for example French language rights) What are the criteria to run for school board trustee? On the day the candidate files a nomination, they must: March 29, 2018 17 Ministry of Municipal Affairs SCHOOL BOARD TRUSTEE NOT ELIGIBLE TO RUN FOR unicipal officialsjudge of any courtmember of the Ontario Legislature, Senate or House of person who was a candidate in the previous election and ny person who is not eligible to vote for the school boardn employee of any school board who has not taken an aaunpaid leave of absencemaaCommonsadid not file a campaign financial statement by the deadline Who is not eligible to run for school board trustee? March 29, 2018 opposing, an advertisement in 18 Ministry of Municipal Affairs or advertisement means candidate, party THIRD PARTY ADVERTISER a ballot. a)b) third A any broadcast, print, electronic or other medium that has the purpose of promoting, supporting or A third party advertiser is an individual, corporation or trade union that is registered in the municipality to March 29, 2018 19 Ministry of Municipal Affairs THIRD PARTY ADVERTISER ELIGIBILITY TO REGISTER AS A corporation n individual aaa trade union The following are eligible to be a registered third party advertiser in a municipal election: March 29, 2018 Election Canada Elections 20 Ministry of Municipal Affairs ELIGIBLE TO REGISTER AS A THIRD PARTY ADVERTISER federal political party registered under the (Canada) or any federal constituency association or registered a NOT 1. a candidate whose nomination has been filed under section 332. Actcandidate at a federal election endorsed by that party3. a provincial political party, constituency association, registered candidate or leadership contestant registered under theFinances Act4. Crown in right of Canada or Ontario, a municipality or a local board5. any group or association that is not a corporation registration: The following persons and entities are not eligible to file a notice of March 29, 2018 nomination day. be filed with nomination. 21 a candidate personally attend at Ministry of Municipal Affairs Friday, July 27, 2018 (between 9:00 is ). a nomination must pm of NOMINATION PROCESS 2:00 recommended that Nominations can be submitted beginning Tuesday, May 1, 2018.Nomination day am and Withdrawal office in writing before 2:00 pm on It is Clerk must certify nominations by 4:00 pm on Monday following nomination day (July 30, 2018). March 29, 2018 22 Ministry of Municipal Affairs $200 for head of council or $100 for all other offices NOMINATION PROCESS (cont`d) The clerk may require candidates to show proof of eligibility or fill out a declaration that the individual is eligible to run.In a ward system, an eligible voter in the municipality may run in any ward. Candidates must complete Form 1 (nomination paper) and submit it to the municipal clerk with the filing fee: March 29, 2018 23 Ministry of Municipal Affairs NOMINATION PROCESS 25 SIGNATURE REQUIREMENT The nomination for an office on council must be endorsed by at least 25 persons on the official form provided by the province.Persons endorsing a nomination must be eligible to vote in an election for an office within the municipality if a regular elections was held on the day that the person endorses the nomination.Individuals may endorse more than one nomination.The clerk is entitled to rely upon the information filed by the candidate. March 29, 2018 large council position and - 24 Ministry of Municipal Affairs RUNNING FOR A DIFFERENT OFFICE Occasionally a candidate changes their mind and decides to run for a different officeA candidate may only run for one office at a timeIf a candidate files a second nomination, the first nomination is deemed to be withdrawnIf a candidate decides to run for a different office on the same council or as a school board trustee and both are elected at large, everything from the first campaign is transferred to the second campaign. Note: If a candidate was running for an atdecided to run for the head of council position the nomination filling fee would need to be topped up to $200.00.If one or both of the offices is/are elected by ward, the two campaigns must be kept separate and a separate nomination filing fee would be required. March 29, 2018 to identify advertising. required Friday, October 19, . 25 register in the local municipality with trade unions will be Ministry of Municipal Affairs office hours. advertise in support of or opposition to any . REGISTRATION OF and cannot be filed later than the the advertiser would for questions on the ballot would be included in third THIRD PARTY ADVERTISERS a regular election, the registration cannot be filed earlier than third party Individuals, corporations and themselves and provide mandatory information on all There is no registration fee for third party advertisers.A the clerk responsible for conducting an electionThird parties may candidate being elected by voters in that municipality. Registration party advertisingFor May 1, 2018 2018, during March 29, 2018 26 Ministry of Municipal Affairs CONTRIBUTIONS Candidates and third party advertisers do not have to open a bank account if they do not raise or spend money.A contribution includes money, goods or services.Contributions to candidates from trade unions and corporations are prohibited in municipal elections.Corporations and trade unions can contribute to third party advertisers.Municipalities and local boards are required to set policies about the use of municipal or board resources during the campaign period.Municipalities or local boards providing information to the public on a website or other electronic means is not a contribution. March 29, 2018 Ontario in 27 Ministry of Municipal Affairs dvertisers may accept contributions from individuals a individuals who are normally resident the candidate and their spouse Candidates can accept contributions from:Third party normally resident in Ontario, trade unions that holds bargaining rights for employees in Ontario and corporations that carry on business in Ontario.The rules for determining if corporations are deemed to be a single corporation have been simplified.Corporations are deemed to be a single corporation if one of the corporations controls the others, directly or indirectly, or if all of the corporations are owned or controlled by the same person or group of persons either directly or indirectly. March 29, 2018 28 Ministry of Municipal Affairs federal political party, constituency association or a registered candidate in a federal electionprovincial political party, constituency association or a registered candidate or leadership contestantfederal or a provincial governmenta municipalitya school boarda business or group that is not a corporation Neither candidates nor third party advertisers can accept contributions from: March 29, 2018 order or originated. contribution. contribution. 29 is a may be by cheque or money Ministry of Municipal Affairs $25). $25 must be issued for each contribution and should price of fundraiser Contributions over by a method that clearly shows where the funds If goods sold to raise funds are sold for $25 or less, that amount is considered campaign income, not a Donations under $25 at fundraising events are not contributions. Ticket Receipts include the name, address, amount and date of the contributionNo anonymous contributions except for pass the hat collections (limited to March 29, 2018 30 Ministry of Municipal Affairs CONTRIBUTION LIMIT and third party advertisers are required to inform The limit on contributions to any one candidate or registered third party advertiser is $1,200.Contributors are limited to an aggregate total of $5,000 to any number of candidates running for the same council or school board.Contributors are limited to an aggregate total of $5,000 to any number of third party advertisers registered in the same municipality.Limit applies whether it is one large contribution or the total of a number of smaller contributions or combination of money, goodsand servicesCandidatescontributors of contribution limits. March 29, 2018 31 Ministry of Municipal Affairs FUNDING LIMIT - . SELF $7,500 + $0.20 per elector for head of council$5,000 + $0.20 per elector for other council offices There is now a limit on the amount that a candidate for a municipal council can make to their own campaign. This limit This limit is based on the number of electors voting for the office, to a maximum of $25,000 per candidate:These contributions must be deposited into the campaign account, a receipt provided and contributions reported on the financial statement March 29, 2018 the 32 Ontario and paid directly to Ministry of Municipal Affairs BORROWING their spouse. or only from bank or other recognized - Loan lending institution in campaign account.Loans may only be guaranteed by candidate Generally, the same borrowing rules apply to third party advertisers. March 29, 2018 , the 33 costs incurred by or under the Ministry of Municipal Affairs Municipal Elections Act, 1996 costs incurred for goods or services by or CAMPAIGN EXPENSES Candidates under the direction of a candidate wholly or partly for use in their election campaign are expenses.Third party advertisers direction of an individual, corporation or trade union for goods or services for use wholly or partly in relation to third party advertisements that appear during an election in a municipality are expenses. For the purposes of the following are considered campaign expenses: March 29, 2018 34 Ministry of Municipal Affairs value of any contribution of expense incurred for goods and services in replacement value of any goods held in ny he equivalent arelation to an electionthe inventory from a previous electiontgoods and services for use in whole or in part A campaign expense includes: March 29, 2018 be report, . . 31. since the last cannot campaign expense 35 that accompanies the financial Ministry of Municipal Affairs is not a be incurred after December Municipal Elections Act, 1996 can nomination fee CAMPAIGN EXPENSES ( The After the 2018 election, campaign deficits carried forward from the previous campaignwhere one is required, statement Changes to the regular election: March 29, 2018 36 Ministry of Municipal Affairs SPENDING LIMIT 10% of the above calculated amounts. Ontario Regulation 101/97Head of council: $7500 + 85 cents per electorAll other offices: $5000 + 85 cents per electorMaximum amount for parties etc. after voting day final. March 29, 2018 when filing a nomination 37 Ministry of Municipal Affairs stimate e SPENDING LIMIT ( preliminary form or when registering as a third party be provided by September 25 The clerk will provide both candidates and third party advertisers with two certificates:The higher of the two amounts is the spending limit.A 10% spending limit is in effect for parties and expressions of appreciation after the close of voting . March 29, 2018 election 38 Ministry of Municipal Affairs THE SPENDING LIMIT EXPENSES NOT SUBJECT TO xpenses incurred after voting day holding a fundraising event or activityexpenses related to a recountexpenses incurred by a candidate with a disability that are directly related to the disabilityaudit and accounting feesexpenses related to a compliance auditexpenses related to a court action for a controverted e Expenses that are not subject to the general campaign spending limit include:(Note: expenses related to a recount and controverted elections do not apply to third party advertisers.) March 29, 2018 39 also provides that the spending limit for Ministry of Municipal Affairs . Municipal Elections Act, 1996 a general spending limita separate limit for expenses related to parties and expressions of appreciation after the close of voting. Third party advertisers will be subject to two spending limits:Changes proposed to O. Reg. 101/97 include the following formula for calculating third party spending limits: $5,000 plus $0.05 per elector, to a maximum of $25,000.The formula used is based on the number of electors entitled to vote in an election in the municipality. The parties and other expressions of appreciation after voting day be set at 10% of the general spending limit. This would be consistent with the spending limit in place for candidates THIRD PARTY ADVERTISER SPENDING LIMIT March 29, 2018 - Municipal Elections Act, 40 Ministry of Municipal Affairs 88.20 of the - 88.14 and 88.21). - CAMPAIGN FINANCE RULES ). Campaign finance rules for candidates (sections 88.888.11 and 88.151996Campaign finance rules for third party advertisers (sections 88.12A campaign bank account must be opened for election campaign purposes prior to spending money or accepting contributions. All contributions of money must be deposited in the campaign account. March 29, 2018 (cont`d) 41 Ministry of Municipal Affairs receipts issued for every contribution value of every contributionwhether contribution is in form of money, goods or servicesevery expense including the receipts obtained for each expense. CAMPAIGN FINANCE RULES Accurate record keeping is a legislated requirement.Candidates and third party advertisers must keep records of:All campaign financial records must be retained until after November 15, 2022 once the new council/local board has been sworn in. March 29, 2018 42 Ministry of Municipal Affairs part receipt (one for contributor, one for - ake sure that receipts are sequentially numberedaintain a petty cash fund nsure that receipts are stored in a secure place ave a multiave the bank provide monthly statements and roduce duplicate deposit slips for every deposit ehcandidate to keep).mconsider including contribution limits on the receipthcancelled cheques for the accountpm CAMPAIGN FINANCE RULES (cont`d) As a best practice, candidates and third party advertisers should: March 29, 2018 the the day on October 22, 2018. 43 Ministry of Municipal Affairs candidate/registered third party advertiser candidate/registered third party advertiser who deals with the broadcaster or publisher under name of the name, business address and telephone number of he he he third party advertiser must also include the name of the restricted period for third party advertisements is May 1, 2018 CAMPAIGN ADVERTISEMENTS ttindividual direction of the tmunicipality where the third party advertiser is registered. No broadcaster or publisher shall cause a campaign or third party advertisement to appear unless this information has been provided.The until the close of voting on voting Candidates and third party advertisers cannot cause an election campaign advertisement to appear unless they provide the following information to the broadcaster or publisher in writing: March 29, 2018 or candidate hours: 44 Ministry of Municipal Affairs ADVERTISEMENTS ( shall maintain records containing the following who deals with the broadcaster or publisher under the statement of the charge made for its appearance. copy of the advertisement, or the means of reproducing it for broadcaster or publisher of a third party a the name of the candidate/registered third party advertiserthe name, business address and telephone number of the individual direction of the candidate/registered third party advertiserainspection. The advertisement information for a period of four years after the date the advertisement appears and shall permit the public to inspect the records during normal business CAMPAIGN March 29, 2018 pm 2:00 or before dvertiser feels that a arty advertisers must file 45 p arty p . Ministry of Municipal Affairs March 29, 2019. FINANCIAL STATEMENT Candidates and third their financial statement on Friday, If a candidate/third they will not meet the deadline, they may apply to the courts for an extension prior to the March 29, 2019 deadline March 29, 2018 46 Ministry of Municipal Affairs FINANCIAL STATEMENT ( All contributions must be reported.The names of contributors who contribute more than $100 must be reported on the financial statement.The clerk is required to make financial statements available to the public in an electronic format free of charge.report if expenses or contributions exceed $10,000. March 29, 2018 regarding 2018. , 47 Ministry of Municipal Affairs election). - filing of financial statements. can determine conditions and limits FINANCIAL STATEMENT ( Candidates can close their campaign and file their financial statement before December 31Clerks are required to make public a report (on a website or in another electronic format) setting out all candidates and third party advertisers and indicating whether each candidate/third party advertiser complied with the filing requirements by April 30, 2019 (or within 90 days of a byClerks electronic March 29, 2018 day grace period, provided - 48 Ministry of Municipal Affairs FINANCIAL STATEMENT ( financial statement is filed on time.A candidate or third party advertiser who misses the filing deadline may file within a 30a $500 late filing fee is paid to the municipality.A candidate or third party advertiser may resubmit a financial statement to correct an error up until the filing deadline. March 29, 2018 if an individual) , 49 Ministry of Municipal Affairs SURPLUS Entire amount of a campaign surplus must be paid to the clerk.A candidate or third party advertiser is entitled to a refund of any contributions they (or their spousemade to the campaign before the filing of the financial statement and the payment of the surplus to the clerk.The clerk holds the surplus monies in trust for the candidate in the event of a compliance audit. The clerk holds the surplus monies in trust by the third party advertiser in the event of a compliance audit. If there is no compliance audit, the surplus becomes the property of the municipality or school board. March 29, 2018 school the the report to will forward 50 regarding contributors to trustee candidates to Ministry of Municipal Affairs board, who COMPLIANCE AUDIT of the school sends the report to Every council and school board must establish a compliance audit committee. A member of a compliance audit committee cannot be a candidate, a member or employee of a council or school board or a registered third party advertiser.The clerk the secretary board`s CAC.A qualified elector may apply to the compliance audit committee for a review The committee will consider the application and decide whether to retain an auditor. The clerk reviews contributions to candidates and third party advertisers and prepares a report for consideration by the compliance audit committee.If the clerk determines that a contributor has exceeded the contribution limits, the clerk will provide a report to the compliance audit committee, which will determine whether or not to proceed with legal action. March 29, 2018 has occurred, the 51 Ministry of Municipal Affairs Municipal Elections Act, 1996 ompliance audit committee meetings are required to be Copen to the public but the committee may deliberate in private. Electors will be able to apply for a compliance audit of a The compliance audit committee is required to provide brief written reasons for its decision.the committee will decide whether or not to proceed with a legal proceeding. March 29, 2018 exercise - : 52 or indirectly Ministry of Municipal Affairs OFFENCES offer, give, lend or promise to give any valuable consideration connected to the exercise or nonoffer a person money or other valuables in order to convince them to run for office or refrain from running for officegive, procure or promise to procure an office or employment to induce a voter to vote or not vote, or a candidate to run or not run for office. It is an offence to directly March 29, 2018 : ct, 1996 A knowingly Municipal Elections 53 nder the Ministry of Municipal Affairs u PENALTIES corporation fine of $50,000 and maximum fine of $25,000up to six months imprisonment ineligibility to run in the next general election or if convicted of corrupt practices: bribery to vote in next general electionpenalties listed above, plusfines for excess campaign expensesforfeiture of office if offence committed maximum In general, the following penalties are available to the courts upon conviction for an offence IndividualCandidateTrade union March 29, 2018 54 Ministry of Municipal Affairs The preliminary list of electors, as corrected by September 1, 2018.The clerk determines how and when individuals can apply to have their name and information corrected or added to or removed from the The clerk can also remove a name from the list if the clerk becomes aware that the person has died. March 29, 2018 55 Ministry of Municipal Affairs One copy of the voters` list can be provided to each municipal candidate or trustee candidate (request must be made to the clerk in writing).Candidates running in a ward are entitled only to that portion of the list that contains the names of the electors entitled to vote for that office.2018.on an internet website or via any other print or electronic medium of mass communication.Third party advertisers are not eligible to receive a copy of the March 29, 2018 56 Act, 1996. Ministry of Municipal Affairs use would be in violation of the may require anyone who receives a any other The clerk copy of the list to sign a receipt acknowledging the list is only to be used for election purposes and Municipal Elections the listIn a ward system, an elector is entitled to vote only in the ward where he or she resides. March 29, 2018 57 Ministry of Municipal Affairs VOTING PROXY A person who is entitled to be an elector in a local municipality may appoint another person who is also entitled to vote as their voting proxy.No proxy appointments can be made until nominations close.A voter must directly appoint another eligible voter by name as their proxy. A person may only act as the voting proxy for one person, unless they are acting on behalf of a spouse, sibling, parent, child, grandparent or grandchild.The prescribed proxy form must be completed by the individual appointing the proxy. Note: if the municipality is using alternative voting you should verify with the clerk whether or not proxy voting is permitted. March 29, 2018 one only , proof of secrecy process of 58 ath o election Ministry of Municipal Affairs SCRUTINEERS The scrutineer must have written authorization from the candidate Clerk may require an During the regular candidate or scrutineer per ballot boxScrutineers are not permitted to touch ballotsThird party advertisers cannot appoint scrutineers No age restriction on scrutineers March 29, 2018 59 Ministry of Municipal Affairs RECOUNTS councils and school boards may establish policies prior to the election setting out additional conditions for an automatic recountcouncil may pass a resolution for a recount within 30 days after clerk declares the election resultsan eligible elector may apply to the Superior Court of Justice for a recount within 30 days after clerk declares election results In the event of a tie, a recount is automatic.In addition:In all instances the recount must happen within 15 days of the clerk receiving a court order or council passing a resolution to conduct a recount.Recount must be held in the same manner as the original count. March 29, 2018 eadline: d iling f 60 tatement s Ministry of Municipal Affairs KEY DATES Opening of nominations/registration as third party advertiser: May 1, 2018Nomination day: Friday, July 27, 2018Voting day: Monday, October 22, 2018Candidate campaign period: from filing of nomination until Wednesday, December 31, 2018Third party advertiser campaign period: from registration until December 31, 2018Campaign financial Friday, March 29, 2019 at 2:00 pm March 29, 2018 61 http://www.municipalworld.com Ministry of Municipal Affairs RESOURCES www.ontario.ca/laws laws Municipal Elections Act, 1996 Municipal Act, 2001Municipal Conflict of Interest ActEducation Act https:// - eMMA municipal elections website: http://ontario.ca/municipalelections Municipal World: March 29, 2018 XXX - 62 Ministry of Municipal Affairs Advisor email info QUESTIONS Ministry of Municipal Affairs Advisor phone contact information XXXXX, Municipal Advisor, MSO March 29, 2018