HomeMy WebLinkAboutCandidate Reference Manual #1
Candidate Reference Manual #1
Reference Manual #2 will be available on or before September 25, 2018
2018 Municipal Election
ŷĻ źƓŅƚƩƒğƷźƚƓ ğƓķ ƦƩƚĭĻķǒƩĻƭ ƦƩƚǝźķĻķ źƓ Ʒŷźƭ ķƚĭǒƒĻƓƷ ğƩĻ ƭǒĬƆĻĭƷ Ʒƚ ĭŷğƓŭĻ ğƷ ƷŷĻ
ķźƭĭƩĻƷźƚƓ ƚŅ ƷŷĻ /źƷǤ /ƌĻƩƉ
T A B L E O F C O N T E N T S
SUBJECT PAGE
A. Introduction
1. General ................................................................................................. 3
2. Important Dates .................................................................................... 3
3. Offices .................................................................................................. 4
4. Corporate Resources Policy ................................................................. 5
B. Nomination Procedures ............................................................................. 6
Elector Qualifications 7
C. Campaign Information
1. Third Party Advertising .......................................................................... 8
2. Election Campaign Finances ................................................................ 8
8
9
3. Election Signs 9
4. Prohibition - Canvassing in Voting Places ............................................ 10
5. Scrutineers 10
General ........................................................................................... 10
Rights of Candidates and Scrutineers ............................................ 10
Candidates and Scrutineers are prohibited from ............................ 11
D. General Information
1. Communications ................................................................................... 12
2. Advance Votes ...................................................................................... 12
3. Elector Notice ........................................................................................ 12
12
5. Voting Places ........................................................................................ 13
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INTRODUCTION
(PART A)
1. GENERAL
The information in this guide has been prepared to assist individuals intending to stand for
elected office. It is intended only as a guide to certain relevant legislation and does not
provide all applicable statutory references. Each candidate is responsible for ensuring s/he
is compliant with all statutory requirements. Thus,
review and become familiar with the Municipal Elections Act, 1996, as amended, which can be
downloaded from the provincial website, here.
In addition, a 2018 Candidates' guide for Ontario municipal council and school board elections
prepared by the Ministry of Municipal Affairs is available on the Ministry of Municipal Affairs &
Housing website, here.
2. IMPORTANT DATES - 2018 MUNICIPAL ELECTION
May 1 July 26, 2018
Nomination may be filed at Legislated Services, 2nd Floor, Berlin Tower, City Hall (8:30
am to 5 pm daily when the office is open to the public). The following offices are open for
nomination:
o Mayor
o Ward Councillor
o Waterloo Region District School Board
o Waterloo Catholic District School Board
o Conseil scolaire catholique MonAvenir
The City of Kitchener does not accept nominations for:
o Regional Chair & Councillor
File at the Regional Office - 150 Frederick St., Kitchener, Ontario N2G 4J3
o The Conseil scolaire Viamonde Trustee
File at London City Hall - 300 Dufferin Ave, London, ON N6B 1Z2
July 27, 2018
Nomination Day - Nominations accepted in Legislated Services, City Hall from 9am to
2pm.
September 3, 2018
September 4 October 22, 2018
Voters' List Revision Period.
September 7, 2018
First day for placing elections signs.
October 10-13, 2018
Advanced poll days.
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October 22, 2018
Voting Day Voting places are open 10am-8pm.
October 25, 2018
By 11:59pm;
o Removal of all election signs.
December 31, 2018
Campaign period for candidates ends.
March 29, 2019
Financial statement filing deadline for candidates.
April 29, 2019
By 2pm;
o Late financial statement filing deadline for candidates.
o Late financial filings must be accompanied by the $500 late filing fee.
3. OFFICES
Office Number to be Elected
Mayor 1
Ward Councillor 10 (1 from each ward)
Regional Chair 1
Regional Councillor 4
Waterloo Region District School Board 4
(English Public)
Waterloo Catholic District School Board 4
(English Separate)
Conseil scolaire Viamonde 1
(French Public)
Conseil scolaire Catholique MonAvenir 1
(French Separate)
TERM OF OFFICE
The Term of Office is 4 years commencing December 1, 2018 and ends on November 14, 2022.
Note: The Term of Office has changed and will end on November 14, 2022. Members elected to
office in 2022 will begin their term November 15, 2022.
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4. USE OF CORPORATE RESOURCES FOR POLITICAL CAMPAIGN PURPOSES
Use of any Corporate Resources or City facilities by candidates and registered third parties for
any election related material is strictly prohibited. This includes the City of Kitchener corporate
crest and clock tower logo, which is protected under the Copyright Act. The reason for this
prohibition is to remove any suggestion that the Corporation of the City of Kitchener supports or
otherwise endorses any campaign material or statements made by candidates. Any disregard of
this prohibition will be acted upon by the Corporation and could result in legal action. The policy is
available here.
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NOMINATION PROCEDURES
(PART B)
The Municipal Elections Act, 1996, as amended, provides that a candidate's election
campaign period for all offices begins on the day he/she files a nomination for the office.
Candidates cannot spend or raise money for their election until a nomination is filed.
Information on the legislation regarding nomination qualifications and the nomination process
can be found here.
A blank Nomination Form and a separate Declaration of Eligibility are available on the City of
Kitchener Website, the details of filing a nomination are explained below:
1) All candidates must provide photo identification.
2) All candidates must provide proof of Canadian citizenship, age and qualifying address.
3) Nominations can only be made using the prescribed form and signed by the person being
nominated. Nominations forms must be filed in Legislated Services, 2nd floor, City Hall, 200
King Street West, Kitchener, personally either by the candidate or by his/her agent:
a) during the hours 8:30am to 5pm on any day from May 1 to July 26, 2018 when the
office is open to the public; or
b) during the hours 9am to 2pm on Nomination Day, Friday, July 27, 2018.
4) Facsimile transmissions, emailed or mailed-in nomination forms are not permitted.
5) A completed Declaration of Eligibility form is required when filing a nomination.
6) At the time when a candidate is filing his or her nomination form, 25 endorsement
signatures and declarations from eligible electors anywhere in the municipality must
also accompany the nominations form. An individual endorsing a candidate must be an
eligible elector in the municipality on the date the elector endorses a candidate. Eligible
electors can endorse more than one candidate.
Note: The requirement of 25 endorsement signatures and declarations does not apply to
school board trustee candidates.
7) All nominations must be accompanied by a filing fee payable in cash, debit, certified cheque
or money order to The City of Kitchener as follows:
$200 for the Office of Mayor
$100 for all other offices
Note: A candidate for an office is only entitled to receive a refund of the nomination filing
fee if s/he submits his or her financial statement(s) by the required deadline. View details
about the financial statement deadline in the Municipal Elections Act, 1996, here.
8) If there are insufficient nominations for an office by the deadline described above, additional
nominations may be filed between 9am and 2pm on Wednesday, August 1, 2018.
9) The onus is on the person nominated for election to an office to file a bona fide
nomination form.
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10) All nominations filed on or before nomination day shall be examined by the Clerk before 4pm
on Monday, July 30, 2018. Any additional nominations filed as described in Section 6 above
shall be examined by the Clerk before 4pm on Thursday, August 2, 2018.
11) If satisfied that a person is qualified to be nominated and that the nomination complies with
the Act, the Clerk shall certify the nomination by signing the nomination form.
12) If not satisfied that a person is qualified to be nominated or that the nomination complies with
this Act, the Clerk shall reject the nomination. The Clerk will then give notice of such
rejection to the person who sought to be nominated and to all candidates for the office
13) The Act provides that the Clerk's decision to certify or reject a nomination is final.
14) A person may withdraw his/her nomination by filing a written withdrawal in Legislated
Services before 2pm on Nomination Day, Friday, July 27, 2018. If the withdrawal relates to
additional nominations filed as described in Section 6 above, the person has until 2pm on
Wednesday, August 1, 2018 to file with the Clerk a written withdrawal of his or her
nomination.
Note: Withdrawing after 2pm on July 27, 2018 will require you to sign a declaration
confirming you forfeit your candidacy for elected office for the 2018 election and will not
occupy the seat if elected.
15) No reference to a candidate's occupation, degree, title, honour or decoration shall appear on
the ballot. If the candidate wishes and the Clerk agrees, another name that the candidate
also uses may appear on the ballot instead of or in addition to his or her legal name.
ELECTOR QUALIFICATIONS
Electors must be eligible to endorse and/or vote for a candidate. Potential candidates must also
meet the eligibility requirements below.
A person is entitled to be an elector at an election held in a local municipality if, on voting day,
s/he:
a) resides in the local municipality or is the owner or tenant of land there, or the spouse of
such owner or tenant;
b) is a Canadian citizen;
c) is at least 18 years old; and
d) is not prohibited from voting as stated hereunder or otherwise by law.
The following are prohibited from voting:
a) A person who is serving a sentence of imprisonment in a penal or correctional institution.
b) A corporation.
c) A person acting as executor or trustee or in any other representative capacity, except as a
voting proxy.
d) A person who was convicted of the corrupt practice described in subsection 90 (3) of the
Municipal Elections Act, 1996, as amended, if voting day in the current election is less than
5 years after voting day in the election in respect of which he or she was convicted.
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CAMPAIGN INFORMATION
(PART C)
It is very important that candidates understand and comply with the Act, especially with the
responsibilities and obligations related to advertising, campaign finances and reporting.
Please refer to the Municipal Elections Act, 1996, for the duties of a candidate, here.
Candidates cannot spend or raise money for their election until a nomination is filed.
1. THIRD PARTY ADVERTISING
Third party advertising during a municipal election is regulated for the first time in 2018 under
the Municipal Elections Act, 1996. A Third party advertisement is an advertisement in any
broadcast, print, electronic or other medium, that has the purpose of promoting, supporting or
opposing a candidate or question on the ballot. To ensure compliance and for more
information on the legislation regarding third party advertising, refer to the Municipal Elections
Act, 1996, here.
2. ELECTION CAMPAIGN FINANCES
Expenses:
When a nomination is filed at Legislated Services, the person filing will be given two separate
certificates of the preliminary permitted amount of expense limits. Candidates must track all
campaign expenses. Candidates cannot exceed the maximum permitted expense and
contribution limits for their campaign.
Certificate #1 will provide the preliminary maximum amount the candidate may incur in
expenses for their campaign and it will be based on the following formula as of Nomination
Day 2014:
Head of a council: $7,500 + $0.85 x (# of electors entitled to vote for that office)
Other offices: $5,000 + $0.85 x (# of electors entitled to vote for that office)
Certificate #2 will provide the preliminary maximum amount a candidate for council or their
spouse may contribute to their own campaign based on the following formula as of Nomination
Day 2014:
The lesser of $25,000, or:
Head of a council: $7,500 + $0.20 x (# of electors entitled to vote for that office)
Other offices: $5,000 + $0.20 x (# of electors entitled to vote for that office)
Note:
Note: Certificate #2 does not apply to school board trustee candidates.
The two certificates will be reissued on or before September 25, 2018 if the number of electors
as of September 15, 2018 is greater than the number of electors on Nomination Day in 2014.
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Along with the two certificates above,you will also receive a certificate indicating the maximum
amount you may spend on parties or expressions of appreciation after Voting Day.
Contributions:
Money, goods and services given to or accepted by or on behalf of a person for his/her
election campaign are contributions. This can occur only after the individual intending to run for
office has been nominated. Candidates must track all contributions and campaign
income.
The following persons can
An individual who normally resides in Ontario.
The candidate or their spouse.
The following persons or entities cannot
Corporations that do business in Ontario.
Trade unions that hold bargaining right for employees in Ontario.
A provincial or federal political party, constituency association, registered candidate or
leadership contestant registered under the Election Finances Act.
The Crown in right of Canada or Ontario, a municipality or a local board.
Candidates must inform contributors of the contribution limit. The contribution limits to
candidates are as follows:
$1200 to any single candidate.
A total limit of $5000 to two or more candidates on the same council or local board.
3. ELECTION SIGNS WITHIN THE CITY OF KITCHENER
There are now requirements for advertisements produced by a candidate. To view the
requirements for candidates election advertisements view the Municipal Elections Act, 1996,
here.
The City of Kitchener sign By-law regarding elections signs (Article 9) can be found here. The
earliest date for placing election signs is September 7, 2018.
It is important to note that the City will not get involved in determining who or what type of sign
(business or election sign) is to be displayed on a property, other than to advise if a pre-
approved location is available. All decisions of this nature must be dealt with by the property
owner and their tenants.
Please be advised that it is the intent of our office to ensure compliance with the provisions
relating to election signs, fairly and consistently to the best of our ability.
In the event that a sign is found to be in violation of any of the pr-
law, it is the intention of this office to contact your campaign office and request that the sign be
removed or relocated as soon as possible. If you fail to comply with our request, City staff
reserve the right to enforce the provisions of the legislation and By-law, which can include
removing the signs and/or initiating legal action.
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However, in the event that a sign is found to be creating a safety hazard in any way, it is
important to note that City staff reserve the right to remove the sign immediately.
Note: The Regional Municipality of Waterloo By-law regulates what is and is not permitted in
regard to roads within the City of Kitchener boundary which are under the jurisdiction of the
Regional Municipality of Waterloo. For further information see the regional sign By-law here, or
call 519-575-4591.
4. PROHIBITION - CANVASSING IN VOTING PLACES
Section 48 of the Municipal Elections Act, 1996 provides that:
While an elector is in a voting place, no person shall attempt, directly or indirectly, to
influence how the elector votes.
No person shall display a candidate's election material or literature in a voting place.
Note: In most cases, a Voting Place will include the entire property not just the building (e.g.
parking lot, walkway, garden, etc.). This applies to advance voting locations as well as voting
locations on Election Day.
5. SCRUTINEERS
General
A candidate may appoint scrutineers, using the form on the City of Kitchener website, to
represent him/her during voting and at the counting of the votes. View more information about
scrutineers in the Municipal Elections Act, 1996, here.
A scrutineer shall, upon request, show proof of his/her appointment to the election official in
charge of a voting place or a place where votes are being counted.
A scrutineer or the candidate who appointed him/her, may remain in a voting place when the
vote is being taken or where the votes are being tabulated (not both).
Scrutineers are not permitted to share any work surface being used by election workers or voters.
Candidates are responsible to inform their scrutineers as to their expected conduct and
what is permitted at the voting place.
Rights of Candidates and Scrutineers
enter the voting place 15 minutes before it opens and to inspect the ballot box, the blank
ballots and all other papers, forms and documents relating to the vote (but not so as to
delay the timely opening of the voting place);
place his/her own seal on the ballot box before the opening of the voting place but not so
as to impede ballots being deposited into the ballot box;
place his/her own seal on the ballot box immediately after the close of voting on each day
of an advance vote but not so as to impede ballots being deposited into the ballot box;
sign the statement of the Deputy Returning Officer;
place his/her own seal on the ballot box prior to its return to the Clerk by the Deputy
Returning Office but not so as to impede ballots being deposited into the ballot box; and,
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be present when materials and documents relating to the election are delivered to the
Clerk after the close of advance voting and at the conclusion of the vote on Voting Day;
Candidates and Scrutineers are prohibited from:
attempting, directly or indirectly, to influence how the elector votes;
displaying a candidate's election campaign material or literature in a voting place;
compromising the secrecy of the voting;
interfering or attempt to interfere with an elector who is marking the ballot;
obtaining or attempt to obtain, at a voting place, information about how an elector intends
to vote or has voted;
communicating any information obtained at a voting place about how an elector intends to
vote or has voted;
interfering with any election worker while they are performing their duties.
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GENERAL INFORMATION
(PART D)
1. COMMUNICATIONS
Unless specified under the Municipal Election Act, 1996, the preferred method of communicating
ongoing information between the Legislated Services and candidates is via email. Please ensure
your email address is provided to this office. For election campaign inquiries, please email
ElectionCampaigning@kitchener.ca
2. ADVANCED POLLS
Wednesday, October 10 Friday, October 12, (2:00 8:00 p.m.) and Saturday, October 13,
2014 (10:00 a.m. 2:00 p.m.) at the locations listed below:
Kitchener City Hall, 200 King Street W
Sportsworld Arena, 35 Sportsworld Crossing Rd
Stanley Park Community Centre, 505 Franklin St N
Country Hills Community Centre, 100 Rittenhouse Rd
Forest Heights Community Centre, 1700 Queens Blvd
St Johns Community Kitchen, 97 Victoria St N
th
o 10am 2pm on Thursday, October 11 only
The Ray of Hope Community Centre, 659 King St E
th
o 2 8pm on Thursday, October 11 only
3. ELECTOR NOTICE
Although not required by the legislation, sometime before the date of the first advance vote,
Kitchener electors will be notified by mail of the location and hours of operation of the voting place
at which they are entitled to vote.
4.
Posting
The preliminary list of electors will be compiled by the Municipal Property Assessment
made available as of September
4, 2018 in the locations stated below:
Office of the City Clerk, 2nd floor, City Hall 200 King Street W., Kitchener
Kitchener Public Libraries
Kitchener Community Centres
Regional Clerk's Office, 2nd floor, 150 Frederick Street, Kitchener
Availability of Copies
A candidate will be provided with an electronic copy at no charge. The Act
provides that upon written request of a candidate for an office, the Clerk shall provide a hard copy
of the Voters' List.
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School Support Extract
Candidates for school board office can also apply to the Secretary of the relevant board for a
copy of the extract taken from the preliminary list. Extracts do not constitute an official preliminary
list and are not subject to revision.
5. VOTING PLACES
A complete list of voting places is available on the City of Kitchener.
Note: Polling subdivisions and locations in 2018 may be different from 2014
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