Item - 2020.EX18.11

Tracking Status

  • City Council adopted this item on November 25 and 26, 2020 with amendments.
  • This item was considered by Executive Committee on November 18, 2020. It is being forwarded to City Council without recommendations. It will be considered by City Council on November 25 and 26, 2020.
  • See also 2020.MM25.10

EX18.11 - Preserving Ranked Ballot Elections

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on November 25 and 26, 2020, adopted the following:

 

1.  City Council request the Government of Ontario to respect local decision-making with regards to local elections and withdraw its amendment to the Municipal Elections Act as it relates to ranked ballot elections.

Background Information (Committee)

(November 2, 2020) Letter from City Council referring Member Motion on Preserving Ranked Ballot Elections
https://www.toronto.ca/legdocs/mmis/2020/ex/bgrd/backgroundfile-158031.pdf

Communications (Committee)

(October 26, 2020) E-mail from Deborah Chalmers (EX.Main.EX18.11.1)

Communications (City Council)

(November 24, 2020) E-mail from Karen Gomez (CC.Supp.EX18.11.2)
(November 24, 2020) E-mail from Tim Ellis (CC.New.EX18.11.3)

Motions (City Council)

1 - Motion to Adopt Item as Amended moved by Councillor Shelley Carroll (Carried)

That City Council request the Government of Ontario to respect local decision-making with regards to local elections and withdraw its amendment to the Municipal Elections Act as it relates to ranked ballot elections.

Vote (Adopt Item as Amended) Nov-25-2020 5:38 PM

Result: Carried Majority Required - EX18.11 - Carroll - motion 1 - Adopt the Item as amended
Total members that voted Yes: 13 Members that voted Yes are Paul Ainslie, Ana Bailão, Brad Bradford, Shelley Carroll, Mike Colle, Joe Cressy, John Filion, Paula Fletcher, Mike Layton, Josh Matlow, Jennifer McKelvie, Gord Perks, Kristyn Wong-Tam
Total members that voted No: 11 Members that voted No are Gary Crawford, Michael Ford, Mark Grimes, Stephen Holyday, Cynthia Lai, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Anthony Perruzza, Jaye Robinson, Michael Thompson
Total members that were Absent: 1 Members that were absent are John Tory

2 - Motion to Receive Item moved by Councillor Michael Ford (Lost)

That the item be received for information.

Vote (Receive Item) Nov-25-2020 5:31 PM

Result: Lost (tie) Majority Required - EX18.11 - Ford - motion 2
Total members that voted Yes: 12 Members that voted Yes are Gary Crawford, Michael Ford, Mark Grimes, Stephen Holyday, Cynthia Lai, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory
Total members that voted No: 12 Members that voted No are Paul Ainslie, Ana Bailão, Brad Bradford, Shelley Carroll, Mike Colle, John Filion, Paula Fletcher, Mike Layton, Josh Matlow, Jennifer McKelvie, Gord Perks, Kristyn Wong-Tam
Total members that were Absent: 1 Members that were absent are Joe Cressy

Point of Order by Councillor James Pasternak

Councillor Pasternak, on a Point of Order, stated that earlier that the Deputy City Clerk Elections had advised that Bill 218, Supporting Ontario's Recovery and Municipal Elections Act, 2020 had not received Royal Assent however the City Solicitor advised that the Bill has received Royal Assent.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and asked the Deputy City Clerk Elections to respond.

The Deputy City Clerk Elections advised Council that she was not aware that the Bill had received Royal Assent and apologized for any confusion.


Point of Order by Mayor John Tory

Mayor Tory, on a Point of Privilege, stated that he voted incorrectly on motion 2 by Councillor Ford to receive the Item as he is a supporter of ranked ballots, and asked that Council reconsider the vote on motion 2.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privilege and ruled that the vote on motion 2 could not be reconsidered as it could change the outcome.


Point of Order by Councillor Gord Perks

Councillor Perks, on a Point of Order, stated that Mayor Tory changing his vote would not change the result.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and asked the Interim City Clerk to respond.

The Interim City Clerk advised that when there is a tie vote and a Member wishes to change their vote, the convention in the Council Chamber is to observe the parliamentary principle of not to putting it to vote, because it could change the outcome, not the outcome of whether it carries or loses, but it gives other Members an opportunity to change their vote at the same time. The Interim City Clerk further advised that if Council wishes to ignore that convention and proceed to re-open the vote, City Council must do so with the understanding and acceptance of the risk that other Members may change their vote and the result of the vote may change, which has occurred in the past.


Point of Order by Mayor John Tory

Mayor Tory, on a Point of Order, withdrew his request to reconsider the vote on motion 2.


Point of Privilege by Councillor Gord Perks

Councillor Perks, on a Point of Privilege, stated that the Speaker should withdraw her remark that City Council had asked the Province for help on a previous Item and is now opposing the Province on the current Item, as the Speaker's role is to officiate and not to editorialize.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privilege and withdrew her remarks.


Point of Privilege by Mayor John Tory

Mayor Tory on a Point of Privilege, stated that he wished to apologize to City Council for the confusion earlier in the meeting when he had requested to change his vote.

Rulings (City Council)

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled that Members' questions on this item were straying from the matter under debate and that Members should stay on topic.

EX18.11 - Preserving Ranked Ballot Elections

Decision Type:
ACTION
Status:
Without Recs
Wards:
All

Committee Recommendations

The Executive Committee submits the Item to City Council without recommendation.

Origin

(November 2, 2020) Letter from City Council referring Member Motion on Preserving Ranked Ballot Elections

Summary

On October 20, 2020, the Provincial government tabled Bill 218, Supporting Ontario's Recovery and Municipal Elections Act, 2020. This Bill revokes the framework in place as part of the Municipal Elections Act to allow municipalities to elect Council members using ranked ballots.

 

As the level of government that most directly interacts with residents everyday lives, municipalities are best positioned to decide whether ranked ballots make sense in their jurisdiction. Several Ontario municipalities have already completed significant work to proceed with ranked ballots. The Government of Ontario should respect that work and the will of those people and their elected representatives.

 

In Toronto, Council has voted several times on the matter of ranked choice voting, most recently, to proceed with the consultations required under the current framework for the use of ranked ballots for the 2026 election. The rationale that ranked ballots will interfere with the recovery from the COVID-19 pandemic surely does not apply.

Background Information

(November 2, 2020) Letter from City Council referring Member Motion on Preserving Ranked Ballot Elections
https://www.toronto.ca/legdocs/mmis/2020/ex/bgrd/backgroundfile-158031.pdf

Communications

(October 26, 2020) E-mail from Deborah Chalmers (EX.Main.EX18.11.1)

Speakers

Morty Fine
Councillor Shelley Carroll

Motions

Motion to Adopt Item moved by Mayor John Tory (Lost)

Vote (Adopt Item) Nov-18-2020

Result: Lost (tie) Majority Required - EX18.11 - Adopt the Item
Total members that voted Yes: 3 Members that voted Yes are Paul Ainslie, Ana Bailão, John Tory (Chair)
Total members that voted No: 3 Members that voted No are Frances Nunziata, James Pasternak, Michael Thompson
Total members that were Absent: 2 Members that were absent are Gary Crawford, Denzil Minnan-Wong
Source: Toronto City Clerk at www.toronto.ca/council