Item - 2022.EX34.43
Tracking Status
- City Council adopted this item on July 19, 20, 21 and 22, 2022 without amendments.
- This item was considered by the Executive Committee on July 12, 2022 and adopted without amendment. It will be considered by City Council on July 19, 20, 21 and 22, 2022.
EX34.43 - Vacant City Council Seats
- Decision Type:
- ACTION
- Status:
- Adopted
- Wards:
- All
City Council Decision
City Council on July 19, 20, 21 and 22, 2022, adopted the following:
1. City Council request the Province of Ontario to amend the City of Toronto Act, 2006 so that if a City Council vacancy occurs after March 31 in the year of a regular election, the City is not required to fill the vacancy.
City Council Decision Advice and Other Information
City Council considered Items EX34.43 and CC47.7 together.
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2022/ex/bgrd/backgroundfile-228611.pdf
Motions (City Council)
That:
1. City Council amend Executive Committee Recommendation 1 by inserting the words "on or after the date of the last scheduled regular council meeting", so that it now reads as follows:
1. City Council request the Province of Ontario to amend the City of Toronto Act, 2006 so that if a City Council vacancy occurs on or after the date of the last scheduled regular council meeting in the year of a regular election, the City is not required to fill the vacancy.
Vote (Amend Item) Jul-20-2022 5:30 PM
| Result: Lost | Majority Required - EX34.43 - Holyday - motion 1 |
|---|---|
| Total members that voted Yes: 7 | Members that voted Yes are Robin Buxton Potts, John Filion, Stephen Holyday, Cynthia Lai, Mike Layton, Josh Matlow, James Pasternak |
| Total members that voted No: 17 | Members that voted No are Paul Ainslie, Ana Bailão, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Paula Fletcher, Mark Grimes, Nick Mantas, Jennifer McKelvie, Joe Mihevc, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory |
| Total members that were Absent: 1 | Members that were absent are Denzil Minnan-Wong |
Vote (Adopt Item) Jul-20-2022 5:32 PM
| Result: Carried | Majority Required - EX34.43 - Adopt the Item |
|---|---|
| Total members that voted Yes: 21 | Members that voted Yes are Paul Ainslie, Ana Bailão, Brad Bradford, Robin Buxton Potts, Shelley Carroll, Mike Colle, Gary Crawford, John Filion, Paula Fletcher, Mark Grimes, Mike Layton, Nick Mantas, Jennifer McKelvie, Joe Mihevc, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory |
| Total members that voted No: 2 | Members that voted No are Stephen Holyday, Josh Matlow |
| Total members that were Absent: 2 | Members that were absent are Cynthia Lai, Denzil Minnan-Wong |
EX34.43 - Vacant City Council Seats
- Decision Type:
- ACTION
- Status:
- Adopted
- Wards:
- All
Committee Recommendations
The Executive Committee recommends that:
1. City Council request the Province of Ontario to amend the City of Toronto Act, 2006 so that if a City Council vacancy occurs after March 31 in the year of a regular election, the City is not required to fill the vacancy.
Origin
Summary
During every term of City Council several Councillor seats are vacated. These positions are filled by a by-election or an appointment made by Council. The City of Toronto Act outlines the process for filling vacancies, by either requiring a by-election, or by appointing a qualified person. By-elections cannot be held after March 31 in the year of a general election.
Section 208, subsection 3, paragraph 3 of the City of Toronto Act currently states that if a vacancy occurs within 90 days before voting day of a regular election, the City is not required to fill the vacancy.
I asked the City Clerk's Office to help determine how this process may be improved. As a result of these discussions, I am putting this motion forward to request the Province of Ontario to amend the City of Toronto Act so that if a City Council vacancy occurs after March 31 in the year of a regular election, the City is not required to fill the vacancy.
Residents of Toronto should decide who acts on their behalf at City Council. By-elections are the ideal method of choosing a new Councillor. Only when absolutely necessary should Council decide to appoint individuals to a City Councillor position such as when there are multiple vacancies and there is a need to ensure quorum and functionality of our committees, boards, and Council, etc.
Council should, however, make certain that the regular day to day operations of a Ward Office continue when its Council seat is vacant. In 2018 (EX35.20), this Council authorized the City Clerk to provide administrative management of a vacant Council Member office including, but not limited to, purchasing and staffing matters. The staff will be responsible for the operations of the Ward Office and will assure that constituents are being served.
Background Information
https://www.toronto.ca/legdocs/mmis/2022/ex/bgrd/backgroundfile-228611.pdf