HomeMy WebLinkAboutCOR-2024-007 - Method to Fill a Vacancy for Office of Councillor, Ward 10
Corporate Services Department www.kitchener.ca
REPORT TO: Finance and Corporate Services Committee
DATE OF MEETING: January 8, 2024
SUBMITTED BY: Amanda Fusco, Director of Legislated Services/City Clerk, 519-741-
2345 ext. 7809
PREPARED BY: Amanda Fusco, Director of Legislated Services/City Clerk, 519-741-
2345 ext. 7809
WARD(S) INVOLVED: 10
DATE OF REPORT: December 21, 2023
REPORT NO.: COR-2024-007
SUBJECT: Method to Fill a Vacancy for Office of Councillor, Ward 10
RECOMMENDATION:
THAT Council selects option # ____ (Option) as presented in Corporate Services report
COR-2024-007 Method to Fill a Vacancy for Office of Councillor, Ward 10.
REPORT HIGHLIGHTS:
The purpose of this report is to provide Council with options to fill the vacancy declared on
December 14, 2023 for the Office of Councillor, Ward 10.
The report provides estimated timing, financial impacts and considerations of the various
appointment or by-election options.
To approve any necessary by-laws dependent on the method selected by Council to provide
for next steps to be carried out by the Clerk.
This report supports the delivery of core services.
BACKGROUND:
At the December 14, 2023 Special Council Meeting through report COR-2023-547, in accordance
with section 262 of the Act, Council declared the office of Councillor for Ward 10 vacant arising
from resignation due to their election to Provincial Parliament. When a vacancy
on Council occurs, Council determines how to fill the vacant seat for the remainder of the term.
The City relies upon the Municipal Act, 2001,S.O. 2001, c.25
to filling a vacant seat. Section 263(5) of the Act establishes the rules applying to filling vacancies.
Rules applying to filling vacancies 263(5)
The following rules apply to filling vacancies:
1. Within 60 days after the day a declaration of vacancy is made with respect to the vacancy,
the municipality shall,
a. appoint a person to fill the vacancy or
b. pass a by-law requiring a by-election be held to fill the vacancy.
Section 256 of the Act sets out the eligibility requirements for persons qualified to be elected or to
hold office as a member of a Council of a local municipality.
To be an elector, the person under consideration must, on voting day,
a) reside in the municipality or be the owner or tenant of land there, or the spouse of such
owner or tenant,
b) be a Canadian Citizen,
c) be at least 18 years old, and
d) not be prohibited from voting.
Under section 258(1) of the Act, the following are not eligible to be elected as a member of a
council or to hold office as a member of a council:
an employee of the municipality;
a person who is not an employee of the municipality but who is the clerk, treasurer,
Integrity Commissioner, Auditor General, Ombudsman, registrar or an investigator
of the municipality;
a person who is not an employee of the municipality but who holds any
administrative position of the municipality;
a judge of any court;
a member of the Legislative Assembly or of the Senate or House of Commons of
Canada;
and a public servant, with certain exceptions set out in Part V of the Public Services
of Ontario Act, 2006.
Section 263(5) further notes that should a vacancy occur within 90 days before voting day of a
regular election, the municipality is not required to fill the vacancy.
Section 264 of the Act, provides that a person appointed or elected to fill a vacancy shall hold the
office for the remainder of the term of the person they replaced.
In the current situation, Council must fill the vacancy either by appointing a person who has
consented to accept the office or by passing a by-law declaring a by-election prior to February 14,
2024. In making its determination, Council should consider the costs and timelines associated
with filling a vacancy by appointment or by by-election.
REPORT:
Ward 10 is made up of approximately 18,901 electors. In the 2022
details on the options for Council to consider in filling the vacancy of Office of Councillor, Ward
10.
Option 1 - Appointment Process
The Act does not set out specific requirements relating to the appointment of an individual to fill a
Council vacancy, other than those relating to qualifications.
To be considered for appointment, individuals must meet the qualifications as outlined in the
Municipal Elections Act, 1996, S.O. 1996, c. 32 (MEA), noted above.
In accordance with best practices, there are a number of sub-options within the Appointment
option:
A)Appointment from 2022 Municipal Election Candidates
Council can appoint the next place finisher from the 2022 Municipal Election. Municipalities
have done this in the past under the rationale that this person was judged by the electorate
recently and had in the past consented to the Office. The Clerk would need to contact the
person and confirm their eligibility still remains and that they consent to the office. If so, an
Appointment By-law, attached as Appendix B, could be approved at the next Council meeting.
The results from the 2022 municipal election for the specific ward office are attached as
Appendix A.
Considerations for Option #1A:
Results in the earliest filing of the vacancy through appointment process.
The City Clerk would seek written confirmation and qualification and determine if the
individual is interested in accepting the appointment.
An appointment by-law and Oath of Office could be administered to the new Councillor
by the end of January 2024.
Does not include financial implications other than staff time.
Candidates may no longer be eligible or interested in filling the vacancy.
A democratic process was undertaken in October 2022, but due to the time elapsed
may not be seen as filling the vacancy through a democratic process.
B) Appointment by Call for Applications
Council may approve an appointment process which would permit interested eligible persons
to submit an application for appointment to Council. This open call for applications would be
advertised on multiple platforms and in keeping with best practices, would include a process
including an application, declaration of qualifications, and an interview/presentation with
Council at a public meeting. Staff have developed sample procedures, attached as Appendix
C, in line with other municipalities who have chosen this route.
The following provides an overview of timeline to facilitate the application process:
December 14, 2023 Declaration of vacancy, Office of Councillor Ward 10
January 8, 2024 Council considers methods to fill vacancy Appointment by
Call for Applications selected
January 9, 2024 Application period begins
January 25, 2024 at 2 p.m. Application period ends
January 29, 2024 Applications considered by Council
February 12, 2024 New Councillor Sworn into Office
Should Council decide to pursue the appointment by call for applications, staff would
recommend that an additional clause be added to the recommendation to adopt the
Appointment Procedures for Filling a Council Vacancy, attached as Appendix C to this report
to give effect to the necessary procedures to be conducted.
Considerations for Option #1B:
Results in the earlier filing of the vacancy through appointment process. An
appointment by-law and Oath of Office could be administered to the new Councillor by
the end of February 2024.
Open Call for interested eligible candidates ensures every interested and qualified
individual is provided the opportunity to be considered by Council and may reach more
individuals than the election process.
Transparent process as the presentations and questions of all eligible candidates must
be conducted in an open Council meeting.
Provides members of the public an opportunity to provide input into the selection of
individual who will represent them on Council.
Provides an opportunity to identify and select an individual possessing a skillset that
may not currently be represented on Council.
Cost effective method that invites candidates who may otherwise be concerned with
financial requirements regarding the need for a campaign to express interest, which
would eliminate barriers to participation.
Would require a communications plan to ensure the public and potential candidates are
made aware of the appointment process.
Does have financial implications of approximately $2,500 for advertising costs and staff
time.
Transparent selection of the candidate may not be seen as filling the vacancy through
a democratic process.
C) Direct Appointment by Council
Council can choose to appoint an eligible individual without a public process as the Act does
not prescribe any process. The Clerk would still need to ensure that any appointed person
meets the eligibility requirements, and this person would need to consent to the appointment
to Office.
Considerations for Option #1C:
Results in the earlier filing of the vacancy through appointment process. An Oath of
Office could be administered to the new Councillor by the end of January 2024.
Does not include financial implications other than staff time.
May not be seen as filling the vacancy through a transparent or democratic process.
Should Council choose to proceed with one of the Appointment options outlined, staff will ensure
additional communication and advertising is provided related to the option selected.
Option 2 By-election
Council can choose to fill the vacancy by directing a by-election be held in accordance with the
MEA. All election planning must ensure the principles of the MEA serve as a benchmark and
guide for the conduct of municipal elections:
secrecy and confidentiality of the voting process;
fair and non-biased;
accessible to voters;
integrity of the voting process;
results of the election reflect votes cast;
voters and candidates shall be treated fairly and consistently.
Section 65 of the Municipal Elections Act governs by-elections requiring that the by-election be
conducted as far as possible in the same way as regular elections, that nomination day must be
not less than 30 days and not more than 60 days after the seat is declared vacant and voting day
shall be 45 days after nomination day.
If selected, Council would be required to pass a by-law to ensure the Clerk can carry out the by-
election. A draft by-law is attached to this report as Appendix D. Further, pursuant to Section 42
of the MEA, Council has passed a by-law (By-law 2006-135) for the use of vote count tabulators,
as an alternative voting method. The Clerk shall be responsible for conducting the by-election in
accordance with the MEA and all applicable policies and procedures.
The Act purposefully gives the Clerk the authority to set Nomination Day in any by-election to
permit the Clerk the time required to prepare for and conduct a legislatively compliant election.
Because a by-election for the Office of Councillor 10 would be for one single Ward, preparations
will still be extensive but not as wide-ranging as a City-Wide election.
Accessible Elections
Under both the Accessibility for Ontarians with Disabilities Act, 2005 and the MEA, the City Clerk
is required to ensure that municipal elections, including by-elections, are accessible to people with
disabilities, including both electors and candidates.
If Option 2 is selected Staff would review and revise the Election Accessibility Plan regarding the
identification, removal and prevention of barriers that affect electors and candidates with
disabilities and would make the plan available to the public before voting day. Circulation of the
Kitchener Seniors (MACKS) and the Equity and Anti-Racism Committees would occur but due to
timelines staff may not be able to present and solicit feedback from the groups. The Plan would
not be markedly different from the general Election Accessibility Plan so the chance of changes
is low.
Timing
In determining dates, staff would endeavor to make every effort to follow the proposed timeline to
ensure not only that Ward 10 residents have representation on Council as soon as possible, but
that an adequate campaign period is provided, there is time for voters to vote and all legislated
timelines are met. The following provides an overview of timeline and options for methods to
deliver a by-election should Council pass a by-law to hold a by-election:
December 14, 2023 Declaration of Vacancy, Office of Councillor Ward 10
January 8, 2024 Council considers methods to fill vacancy By-Election
selected
January 15, 2024 Nomination Period Begins
February 23, 2024 Nomination Day (2 pm)
April 4, 2024 Advance Voting Day
April 5, 2024 Advance Voting Day
April 6, 2024 Advance Voting Day
April 8, 2024 Voting Day
April 10, 2024 Official Results
,
April 152024 New Ward 10 Elected Official Sworn in at Council Meeting
May 23, 2024 Financial Filing Deadline (2 pm)
Choosing to fill the vacancy for Office of Councillor, Ward 10 by by-election means that the Office
of Councillor, Ward 10 will be vacant for approximately four months from the date that Council
declared the vacancy.
Supports and Resources Required
Typically for the general election, the Council and Committee Calendar is developed such that
committee and council meetings are not held the month of the election due to the resources
required to support logistics, training of election workers, and facilitate advance voting and
election day.
Should Council decide to pursue a by-election, staff would recommend that the 2024 Council and
Committee Calendar be amended to;
- reschedule the March 18, 2024 Audit/Council meeting to March 4, 2024
- eliminate the March 25, 2024 Standing Committee meeting
- eliminate the April 8, 2024 Council meeting
to ensure that a successful, uncontroverted election can be held. Should Council support this, a
recommendation clause should be added to give effect to the consideration.
In addition, an Election Project Manager secondment would be necessary to execute and deliver
the objectives in compliance with the legislation. In addition to Clerks staff, assistance would be
required from staff in the Technology and Innovation Services (IT), Corporate Customer Service,
Communications, and Facilities divisions for preparation and administration of the by-election.
Communications
Should Council pass a by-law to hold a by-election in Ward 10, staff will work with Corporate
Communications to build a comprehensive communication plan to ensure that a Ward 10 by-
election is advertised to potential candidates and to voters.
Budgetary Considerations
Staff have reached out to Dominion Voting Services, the election equipment provider used for the
general election, for estimated costing to run a ward by-election of approximately 20,000 eligible
electors based on the same provisions (facilities, accessibility and staffing) as the general
election.
A budgetary quotation of $54,000.00 was provided for the voting equipment and consumables.
These costs would be reduced slightly if the number of voting locations used were condensed. A
list of the facilities used in the general election is included in Appendix A. If an acclamation were
to occur, the City would still bear approximately $22,000 in costs arising from the programming of
the election definition.
A quotation was provided for the provision and mailing of voter notification cards (VNCs), based
on a single card mailed to each elector of $23,000 ($5,000 for the over notification cards and
$18,000 in Canada Post charges). These costs would be reduced slightly if voter cards were
These costs do not include salaries and wages for an Election Project Manager and/or election
workers or required advertisements and notices that the MEA states must be placed in a local
newspaper.
Any by-election conducted after January 1, 2024 will use the services of Election Ontario for the
preliminary list of electors (PLE) as its voters list, as opposed to the Municipal Property
Assessment Corporation (MPAC) preliminary list of electors used in the general election. As this
is a new process, there may be additional fees and/or processes to be established to integrate
Considerations for Option #2:
Lengthy and more labour-intensive process, thereby leaving a vacancy for a longer
period.
Significant costs arising from voting equipment and services requirements.
Ensures a democratic process is employed for all electors.
Requires a communications plan to ensure the public and potential candidates are
made aware of key election materials and candidate information.
Results in electors going to the polls in April 2024.
May result in low voter turnout for ward specific vacancy.
As a result of Council declaring a vacancy for the Office of Councillor, Ward 10 on December 14,
2023, Council must select a method to fill the vacancy. Details for a by-election and appointment
processes are outlined in report COR-2024-007 and staff seek direction from Council on how to
proceed.
to the method, that constituents of Ward 10 are notified should there be a by-election and that
advertising is completed to ensure any next steps are communicated in a manner that is inclusive
of all and that processes are clear and transparent to Kitchener residents.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
There is no funding set aside for the costs of an unplanned by-election.
If Council chooses to fill the vacancy by by-election, it is estimated that the costs will be between
$77,000 and $97,000. This estimate is based information the City Clerk has obtained noted above,
and on the number of eligible electors in Ward 10.
Costs arising from a By-election would result in the Election cost centre being overbudget. Should
this unbudgeted expenditure contribute to an overall operating deficit for the City of Kitchener in
2024, the negative variance would be funded from the Tax Stabilization Reserve Fund which
exists for the purpose of offsetting unforeseen budget variances. There is a sufficient balance in
the TSRF to cover any deficit caused by a by-election.
COMMUNITY ENGAGEMENT:
INFORM This report has been posted to the Ci
council / committee meeting.
PREVIOUS REPORTS/AUTHORITIES:
COR-2023-547-Declaration of Vacancy for the Office of Councillor, Ward 10
Municipal Act, 2001
Municipal Elections Act, 1996
APPROVED BY: Victoria Raab, General Manager, Corporate Services
ATTACHMENTS:
Appendix A: 2022 Election Results for Ward 10 and Voting Locations
Appendix B: Draft By-law for Appointment of Person in the office of a member of council
representing Ward 10
Appendix C: Draft Procedures for Appointment by Call for Applications
Appendix D: Draft By-law for By-election
Appendix E: Council Vacancy Municipal Scan (2023)
APPENDIX A to COR-2024-007
2022 Municipal Election Results
2022 Municipal Election Voting Locations
APPENDIX B to COR-2024-007
BY-LAW NUMBER 24-XXX
OF THE
CORPORATION OF THE CITY OF KITCHENER
Being a By-Law to Provide for the Appointment of a Person in the office of a
member of council representing Ward 10
WHEREAS section 263 (1) (a) the Municipal Act, 2001, S.O. 2001, c.25, as
amended (the Act) allows a council to fill a vacancy in the office of a member of council
by appointing a person who has consented to accept the office if appointed;
AND WHEREAS a vacancy was declared in the office of a member of council
representing Ward 10 in the City of Kitchener on December 14, 2023;
NOW THEREFORE the Council of The Corporation of the City of Kitchener
enacts as follows:
1. That the vacancy in the office of a member of council representing Ward
10 be filled by appointing a person who has consented to accept the office
if appointed.
2. That the vacancy must be filled by someone who is eligible under the the
Act to hold office provided, they:
a) reside in the local municipality or is the owner or tenant of land there or
the spouse of such owner or tenant;
b) are a Canadian citizen;
c) are at least 18 years old; and
d) are not prohibited under subsection (3) of the Municipal Elections Act,
S.O. 1996, c. 32, Sched or otherwise by law.
3. That __________________________, who has signified in writing that
they are legally qualified to hold office and has consented to accept the
office, is hereby appointed to the position of a member of council
representing Ward 10 for the City of Kitchener, for the duration of the 2022-
2026 term of Council.
4. This by-law will come into effect on the date of passing.
PASSED at the Council Chambers in the City of Kitchener this ___ day of ______, 2024.
_______________________________________
Mayor
_______________________________________
Clerk
APPENDIX C to COR-2024-007
Appointment Procedures for Filling a Council Vacancy
General
The Municipal Clerk or designate, shall be responsible for interpreting and where appropriate,
facilitating the appointment application process. The Clerk has the authority to make minor
technical amendments to this procedure as may be required from time to time.
Any individual filing the vacancy must be an Eligible Elector under the Municipal Elections Act.
Appointment Procedure
Notice
Advertisement for a vacancy on Council will be, at minimum, placed in the local newspaper, on
the Municipal Website, social media and electronic signs after the appointment process is
confirmed by Council for a minimum two (2) week period of time.
vacancy and the procedure to be followed. Any electronic sign advertisements shall direct the
public to the Website.
Communication using other methods may also be used, where appropriate.
Application
Any qualified individual that wishes to be considered for appointment to fill the Council vacancy
shall complete and provide the following, and submit them to the Clerk in person by January
25, 2024 at 2 p.m.
o Council Vacancy Application form (Schedule A)
o Council Declaration of Qualifications (Schedule B)
o Personal Statement of Qualifications
Individuals filing the above forms will be required to provide identification showing their name
and proof of qualifying address, to the satisfaction of the Clerk.
Once submitted, the forms will be made available to the public the same way as a nomination
form for a candidate in a municipal election is made available to the public.
Personal statements shall be typewritten in a 12-point (or greater) font on letter sized (8 ½ x
address. Statements that do not meet these requirements will not be included in any Council
meeting agenda or provided to Council by the Clerk. office will advise applicants
of the deadline for the submission of personal statements at the time the person files the
Vacancy Application form and Council Declaration of Qualifications.
Itisthesoleresponsibilitytomeetanydeadlineorotherwisecomplywithany
requirements of this procedure.
The Clerk will create a list of all applicants which will be a public document.
Council Meeting
The applications will be considered by Council at an open Council meeting. The meeting will
be streamed live .
The meeting may be a regular Council meeting, or a special Council meeting called for
that purpose.
Notwithstanding the requirements of the Procedure By-law, the agenda for that meeting shall
be set by the Clerk to allow for the orderly proceeding of selecting an appointee, while
respecting the standard agenda of a regular Council meeting. To ensure fairness and
consistency, only those who are seeking appointment would be permitted to address Council
during the meeting.
Copies of all application documents will be included in the agenda package for the meeting
and will be made available as part of the public agenda posted on the website.
The order of speaking will be determined by lot, where the first drawn will be
afforded the opportunity to speak first and so on.
Applicants will be invited to address Council for no more than five (5) minutes each.
Candidates will be sequestered in an adjacent room until it is their time to address Council and
answer the questions posed by Council.
Each Council member will be permitted to pose a maximum of two questions to each applicant.
Upon hearing all submissions Council may take a short recess.
Upon resumption, the winning nominee will be selected in accordance with the
established balloting process;
o Members of Council will be permitted to nominate their preferred candidate until
all nominations are considered.
o Members of Council will vote for their preferred candidate from the nomination
list and submit their ballot to the Clerk.
o The Clerk shall read the votes aloud in public session.
o The votes shall be counted to determine the winning nominee.
o If the votes result in a tie, a second round of voting for the tied candidates shall
commence.
o The votes shall be counted to determine the winning nominee.
The nomination will be confirmed through the appointment by-law at the end of the meeting.
Subsequent Meetings
The Clerk will administer the Oath of Office to the successful appointee directly after the meeting
the appointment by-law is passed, or in any event, prior to any municipal business being
conducted by the successful appointee to the position.
Council orientation for the new member of Council will be arranged by the Clerk in consultation
with the Chief Administrative Officer and the Mayor.
Council Vacancy Application Form
Please complete this application form and submit in person with identification no later than 2:00
pm on January 25, 2024 to:
Office of the City Clerk
City of Kitchener
200 King Street West
Kitchener, Ontario N2G 4G7
Council Vacancy Application Form
Name: Click or tap here to enter text.
Qualifying Address:
Click or tap here to enter text.
Email Address: Click or tap here to enter text.
Telephone Number: Click or tap here to enter text.
Eligibility Requirements Yes No
Canadian Citizen
Minimum of 18 years of Age
Eligible elector in the City of Kitchener
(owner, tenant, spouse of such owner or tenant)
Not prohibited from voting (as per Municipal
Elections Act) or otherwise by law
By signing this form, you consent to having your name publicly released.
Date Signature
Personal Information collected on this form is pursuant to the Municipal Act, 2001, as amended and is collected in accordance
with the Municipal Freedom of Information Act and Protection of Privacy Act and shall be used by the Clerk for the purpose
of assessing whether a nominee is eligible for appointment to municipal office. The information in this form shall be attached
to a Council Agenda and published to the website.
Please attach the Personal Statement to this form.
Personal Statements shall be typewritten in 12 point (or greater) font on letter sized paper and shall
not exceed one page in length and will include the applicants name and address.
Declaration of Qualifications
I, ________________________________________, do solemnly declare that:
1. I am qualified pursuant to the Municipal Elections Act, 1996 and the Municipal Act, 2001 to
be elected to and to hold the above noted office.
2. I am not ineligible or disqualified under the Municipal Elections Act, 1996, the Municipal
Act, 2001, the Municipal Conflict of Interest Act or any other Act to be elected to or hold the
above-mentioned office.
3. Without limiting the generality of paragraph 2 above,
I am not an employee of the City of Kitchener, or if I am an employee of the City of
Kitchener, I am on an approved unpaid leave of absence as provided for by section 30 of
the Municipal Elections Act, 1996.
I am not a judge of any court.
I am not a member of the Assembly as provided in the Legislative Assembly Act or of the
Senate or House of Commons of Canada or, if I am such a person, I will provide proof of
my resignation in a form satisfactory to the Clerk of the City of Kitchener prior to
appointment. I understand that the Clerk of the City of Kitchener will reject my nomination
for the above-mentioned office if I fail to provide proof of resignation by this deadline.
I am not a member of the Executive Council of Ontario or a federal Minister of the Crown.
I am not a Crown employee within the meaning of the Public Service Act, or if I am a
Crown employee, I have followed and will continue to follow all the relevant provisions of
Part III of such Act.
4. I am not prohibited from voting at the municipal election under subsection 17(3) of the
Municipal Elections Act, 1996.
5. Without limiting the generality of paragraph 4 above,
I am not a person who is serving a sentence of imprisonment in a penal or correctional
institution.
I am not a person who was convicted of a corrupt practice described in subsection 90(3)
of the Municipal Elections Act, 1996 or of an offence under the Criminal Code (Canada),
in connection with an act or omission with respect to a municipal election.
6. I am not disqualified from being elected to or holding office by reason of any violations of the
election campaign financial requirements or violations for not filing the financial statement
pursuant to the Municipal Elections Act, 1996.
And I, ____________________________________________________________make this
(print name of applicant)
solemn declaration conscientiously believing it to be true and knowing that it is of the same force
and effect as if made under oath.
Must be signed in the presence of a Commissioner for Taking Affidavits.
Signature of Candidate
X
OFFICE USE ONLY:
Declared before me at the City of Kitchener
(municipality where declaration made)
of Region of Waterloo
(county, district or regional municipality where declaration made)
This ___________ day of _______________ . 20 ________.
day month year
__________________________________________
Commissioner for Taking Affidavits Signature
Certificate
I, the undersigned Clerk of the City of Kitchener, do hereby certify that I have examined the
application and qualifications of the aforesaid applicant filed with me and am satisfied that the
nominee is qualified for appointment to municipal office.
Signature of Clerk or designate Date Certified
Personal Information collected on this form is pursuant to the Municipal Act, 2001, as amended and is collected in
accordance with the Municipal Freedom of Information Act and Protection of Privacy Act and shall be used by the
Clerk for the purpose of assessing whether a nominee is eligible for appointment to municipal office. The information
in this form shall be attached to a Council Agenda and published to the website.
Appendix D to COR-2024-XXX
BY-LAW NUMBER 24-XXX
OF THE
CORPORATION OF THE CITY OF KITCHENER
Being a by-law to require a By-Election to fill the vacancy for
the office of a member of council representing Ward 10.
WHEREAS Section 259(1) of the Municipal Act, 2001, S.O. 2001, c.25, as
amended (the Act), establishes that the office of a member of council of a municipality
becomes vacant if the member resigns from their office and the resignation if effective
under section 260;
WHEREAS Section 260 (1) of the Municipal Act, 2001, S.O. 2001, c.25, as
amended (the Act), establishes that a member may resign from office in writing filed
with the clerk of the municipality;
AND WHEREAS the written resignation by the member of council representing
Ward 10, Aislinn Clancy, was received December 13, 2023;
AND WHEREAS Section 262 (1) of the Act, states that if the office of a member
of council becomes
meeting;
AND WHEREAS City of Kitchener Council declared the office of a member of
council representing Ward 10 vacant on December 14, 2023;
AND WHEREAS Section 263 of the Act, establishes that where a vacancy
occurs in the office of a member of Council of a municipality, if filling the vacancy
through by-election, the Council shall pass a by-law requiring that a by-election be
held;
NOW THEREFORE the Council of The Corporation of the City of Kitchener
enacts as follows:
1. THAT a by-election be held to fill the vacancy for the office of a member
of council representing Ward 10 in the City of Kitchener.
2. THAT said by-election be conducted in accordance with Section 65 of the
Municipal Elections Act, S.O. 1996, c. 32, Sched.
3. THAT said by-election be administered in accordance with By-law 2006-
135 to authorize the use of vote-counting machines.
4. THAT Voting Day be Monday, April 8, 2024.
5. AND THAT this by-law shall come into force and full effect on the date of
passing.
PASSED at the Council Chambers in the City of Kitchener this ___ day of ______, 2024.
_______________________________________
Mayor
_______________________________________
Clerk
57 Days89 Days92 Days51 Days36 Days
Vacancy
132 Days105 Days105 Days112 Days
# of Days with
Voting
May 15, 2023May 19, 2023
June 19, 2023June 26, 2023
November 8, 2023
November 13, 2023November 20, 2023November 30, 2023
September 18, 2023
Date/Decision Date
close date
May 2, 2023
May 28, 2023May 12, 2023
August 4, 2023
March 31, 2023
October 27, 2023October 16, 2023
November 10, 2023
September 29, 2023
Nomination/Appointment
007
-
2024
-
vacant seatApril 2, 2023
June 6, 2023
April 27, 2023
to COR
March 21, 2023
August 29, 2023October 2, 2023
February 6, 2023
October 23, 2023
E
September 6, 2023
Decision on filling
APPENDIX
June 6, 2023
March 6, 2023
March 23, 2023March 29, 2023
January 3, 2023August 13, 2023August 10, 2023
October 16, 2023
September 18, 2023
Seat declared vacant
electionelectionelectionelectionelectionelection
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Method
ByByByByByBy
AppointmentAppointmentAppointment
-
Ward
Ward
Ward 1
Mayor
Ward 2
-
West Elgin
Mayor
CouncillorCouncillorCouncillor
4 Councillor2 Councillor
Cambridge
Ward 1 CouncillorWard 2 Councillor
Town of Goderich
City of Toronto
City of Toronto
Municipal of
Township of Rideau Lakes Haldimand CountyNorwich Township
Municipality of South Huron
City of