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O. Reg. 4/00: TRANSITIONAL MATTERS AFFECTING A REGULAR ELECTION AND ARISING OUT OF RESTRUCTURING

under Municipal Elections Act, 1996, S.O. 1996, c. 32, Sched.

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current April 12, 2003 (e-Laws currency date)

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Municipal Elections Act, 1996

Ontario REGULATION 4/00

TRANSITIONAL MATTERS AFFECTING A REGULAR ELECTION AND ARISING OUT OF RESTRUCTURING

Consolidation Period:  From April 12, 2003 to the e-Laws currency date.

Last amendment:  O. Reg. 404/03.

This is the English version of a bilingual regulation.

1. (1) This Regulation provides for transitional matters that affect a regular election and arise out of the restructuring of municipalities and local boards.  O. Reg. 4/00, s. 1 (1).

(2) This Regulation does not apply to school boards.  O. Reg. 4/00, s. 1 (2).

2. (1) In this Regulation,

“key date” means,

(a) May 31 of the year of the regular election, in the case of a restructuring order that is published in The Ontario Gazette in the year of the regular election before that date,

(b) the date of publication, in the case of a restructuring order that is published in The Ontario Gazette in the year of the regular election on or after that date; (“date clé”)

“new office” means an office on the council of a municipality as established by a restructuring order or on a local board of such a municipality; (“nouveau poste”)

“old office”, when used in reference to a new office, means an office on the council of a municipality that was restructured by the restructuring order or on a local board of such a municipality; (“ancien poste”)

“restructuring order” means a Minister’s order made under subsection 173 (4) of the Municipal Act, 2001 or a predecessor of that subsection or a commission order made under subsection 175 (1) of that Act or a predecessor of that subsection.  (“arrêté ou ordonnance de restructuration”)  O. Reg. 4/00, s. 2 (1); O. Reg. 404/03, ss. 1, 3 (1, 2).

(2) If a restructuring order makes a person responsible for conducting the regular election in a municipality, any reference to the clerk in the Act or this Regulation shall be deemed to be a reference to that person for the purposes of the election in that municipality.  O. Reg. 4/00, s. 2 (2); O. Reg. 404/03, s. 3 (3).

(3) A new office and an old office correspond if they are both on a council or both on a local board.  O. Reg. 4/00, s. 2 (3).

(4) A new office and an old office are equivalent if they are both the office of,

(a) mayor or reeve;

(b) member of a council, other than mayor, reeve or deputy reeve;

(c) deputy reeve; or

(d) member of a local board.  O. Reg. 4/00, s. 2 (4).

3. (1) The clerk shall send to every candidate for an old office a notice,

(a) explaining the effect of the restructuring order on the regular election in the municipality;

(b) advising of the candidate’s right to file a nomination for a new office; and

(c) explaining the candidate’s options under section 4.  O. Reg. 4/00, s. 3 (1); O. Reg. 404/03, s. 3 (1).

(2) If section 5 or 6 applies, the notice shall also inform the candidate of the fact and explain the options under that section.  O. Reg. 4/00, s. 3 (2).

(3) The notice shall be sent by registered mail or delivered personally, within 14 days after the key date.  O. Reg. 4/00, s. 3.  O. Reg. 4/00, s. 3 (3).

4. (1) The rules set out in subsection (2) apply to a candidate for an old office who files a nomination for a corresponding new office within 28 days after the key date.  O. Reg. 4/00, s. 4 (1).

(2) The rules referred to in subsection (1) are:

1. The nomination filing fee paid with respect to the nomination for the old office shall be deemed to have been paid with respect to the nomination for the new office.

2. The campaign for the old office shall be deemed to form part of the campaign for the new office.

3. The election campaign period for the new office shall be deemed to have begun on the day the candidate was nominated for the old office and not as provided in section 68 of the Act.  O. Reg. 4/00, s. 4 (2).

(3) If the restructuring order was published in The Ontario Gazette before the key date, the rules set out in subsection (2) also apply in respect of a candidate for an old office who files a nomination for a corresponding new office on or before the key date.  O. Reg. 4/00, s. 4 (3); O. Reg. 404/03, s. 3 (1).

(4) The rules set out in subsection (5) apply to a candidate for an old office who does not file a nomination for a new office as described in subsection (1).  O. Reg. 4/00, s. 4 (4).

(5) The rules referred to in subsection (4) are:

1. The candidate’s election campaign period ends on the day that is 60 days after the key date, and not as provided in section 68 of the Act.

2. The nomination for the old office shall be deemed to have been withdrawn on the day referred to in paragraph 1.  O. Reg. 4/00, s. 4 (5).

(6) Subsections (4) and (5) do not apply to a candidate who, before the day referred to in paragraph 1 of subsection (5), actually withdraws the nomination.  O. Reg. 4/00, s. 4 (6).

5. (1) If the electoral boundaries for an old office and for the equivalent new office are the same, a candidate for the old office shall be deemed to have been nominated for the new office, unless he or she files a nomination as described in subsection 4 (1).  O. Reg. 4/00, s. 5 (1).

(2) The rules set out in subsection 4 (2) apply to a candidate for the old office who is deemed to have been nominated for the new office.  O. Reg. 4/00, s. 5 (2).

6. (1) If the election for an old office was to be held by general vote and the conditions set out in subsection (3) are met, a candidate for the old office shall be deemed to have been nominated for the equivalent new office in the municipality for the qualifying address shown on the candidate’s original nomination form, unless he or she files a nomination as described in subsection 4 (1).  O. Reg. 4/00, s. 6 (1).

(2) The rules set out in subsection 4 (2) apply to a candidate for the old office who is deemed to have been nominated for the new office.  O. Reg. 4/00, s. 6 (2).

(3) The conditions referred to in subsection (1) are:

1. The restructuring order changes the boundaries of one or more municipalities by providing for annexation as described in clause (a) or (b) of the definition of “restructuring” in section 172 of the Municipal Act, 2001.

2. The restructuring order does not provide for a result described in any other clause of that definition.

3. The election for the equivalent new office is to be held by general vote.  O. Reg. 4/00, s. 6 (3); O. Reg. 404/03, ss. 2, 3 (1).

7. A candidate for a new office is entitled to,

(a) carry forward, for the purposes of clause 79 (3) (b) of the Act, any deficit accumulated in a campaign for a corresponding old office in the previous regular election or in an intervening by-election;

(b) receive payment, under subsection 79 (8) of the Act, of any surplus accumulated in such a campaign.  O. Reg. 4/00, s. 7.

8. (1) This section applies if, as a result of a restructuring order, any new offices on a local board are not to be filled by election.  O. Reg. 4/00, s. 8 (1); O. Reg. 404/03, s. 3 (2).

(2) The election campaign period of each candidate for a corresponding old office ends on the 60th day after the key date, and not as provided in section 68 of the Act.  O. Reg. 4/00, s. 8 (2).

(3) Each nomination for a corresponding old office shall be deemed to have been withdrawn on the day referred to in subsection (2).  O. Reg. 4/00, s. 8 (3).

(4) Subsections (2) and (3) do not apply to a candidate who, before the day referred to in subsection (2), actually withdraws the nomination.  O. Reg. 4/00, s. 8 (4).

(5) Within 14 days after the key date, the clerk shall send by registered mail or deliver personally to every candidate for a corresponding old office a notice,

(a) explaining the effect of the restructuring order on the regular election in the municipality; and

(b) advising that,

(i) there will be no election for offices on the local board, and

(ii) the candidate’s election campaign period ends as described in subsection (2).  O. Reg. 4/00, s. 8 (5); O. Reg. 404/03, s. 3 (1).

 

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