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O. Reg. 407/18: 2018 AND 2022 REGULAR ELECTIONS - SPECIAL RULES

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

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current August 15, 2018 (e-Laws currency date)

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Municipal Elections Act, 1996

ONTARIO REGULATION 407/18

2018 AND 2022 REGULAR ELECTIONS - SPECIAL RULES

Consolidation Period:  From August 15, 2018 to the e-Laws currency date.

No amendments.

This is the English version of a bilingual regulation.

Part I
City of Toronto — 2018 Regular Election

Application

1. This part applies to the 2018 regular election in the City of Toronto.

Voting subdivisions

2. (1) The division of the City of Toronto into voting subdivisions under subsection 18 (1) of the Act before the day the Better Local Government Act, 2018 received Royal Assent is deemed not to have occurred.

(2) The reference to March 31 in subsections 18 (1) and (2) of the Act shall be read as a reference to August 20, 2018.

Preliminary list

3. (1) The preparation and delivery of a preliminary list for the City of Toronto under subsection 19 (1) of the Act before the day the Better Local Government Act, 2018 received Royal Assent is deemed not to have been prepared or delivered.

(2) Despite subsection 19 (1.1) of the Act, the preliminary list required under subsection 19 (1) of the Act shall be delivered no later than September 7, 2018.

Voters’ list

4. (1) In subsections 23 (2), 24 (1) and 25 (3) of the Act, a reference to September 1 shall be read as a reference to September 17, 2018.

(2) Subsection 27 (1) of the Act does not apply.

Certification or rejection of nominations

5. For greater certainty, a decision of the clerk of the City of Toronto to certify or reject a nomination under subsection 35 (2) or (3) of the Act made on or before July 30, 2018 remains in effect and is final.

Voting proxy appointments

6. (1) Despite subsection 44 (4) of the Act, a person may appoint a voting proxy for the election beginning on September 17, 2018.

(2) A certificate that was applied to an appointing document by the clerk under subsection 44 (7) of the Act before the day the Better Local Government Act, 2018 received Royal Assent is deemed not to have been applied.

Notice to clerk

7. (1) The notice provided to the clerk under subsection 10.1 (4) or (5) of the Act shall be in the form established by the clerk under subsection 12 (2) of the Act.

(2) A person shall not provide notice to the clerk of the City of Toronto under subsection 10.1 (4) or (5) of the Act before August 20, 2018.

Notice by clerk

8. The following information is prescribed for the purposes of subsection 10.1 (9) of the Act:

1. A copy of the form referred to in subsection 7 (1) of this Regulation.

2. A statement that the first day notice may be provided under subsection 10.1 (4) or (5) of the Act is August 20, 2018.

Filing of nomination

9. A nomination for an office on the council or an office on a school board shall not be filed under section 33 of the Act between July 28, 2018 and August 19, 2018.

Certificate, permitted amount of candidate’s expenses

10. (1) Sections 33.0.1 and 33.0.2 of the Act do not apply and instead the rules set out in this section apply.

(2) Upon the giving of notice by a person to the clerk under subsection 10.1 (4) or (5) of the Act, the clerk shall do the following:

1. Calculate the applicable maximum amount of the person’s expenses for the purposes of subsection 88.20 (6) of the Act, as of the date the notice was given, using the number of electors referred to in paragraph 1 of subsection 11 (2) of this Regulation.

2. Give the person a certificate of the applicable maximum amount referred to in paragraph 1 as of the date of the notice.

3. Calculate the applicable maximum amount for the purposes of subsection 88.9.1 (1) of the Act, as of the date the notice was given, using the number of electors referred to in paragraph 1 of subsection 11 (2) of this Regulation.

4. Give the person a certificate of the applicable maximum amount referred to in paragraph 3 as of the date of the notice.

(3) Upon the filing of a person’s nomination, the clerk shall do the following:

1. Calculate the applicable maximum amount of the person’s expenses for the purposes of subsection 88.20 (6) of the Act, as of the filing date, using the number of electors referred to in paragraph 1 of subsection 11 (2) of this Regulation.

2. Give the person, or the agent filing the nomination for the person, a certificate of the applicable maximum amount referred to in paragraph 1 as of the filing date.

3. Calculate the applicable maximum amount for the purposes of subsection 88.9.1 (1) of the Act, as of the filing date, using the number of electors referred to in paragraph 1 of subsection 11 (2) of this Regulation.

4. Give the person, or the agent filing the nomination for the person, a certificate of the applicable maximum amount referred to in paragraph 3 as of the filing date.

(4) The clerk’s calculations under subsections (2) and (3) are final.

Campaign contributions and expenses

11. (1) Subsections 88.9.1 (2), 88.20 (11) and 88.21 (11) of the Act do not apply and instead the rules set out in this section apply.

(2) For the purposes of subsections 88.9.1 (1), 88.20 (7) and 88.21 (7) of the Act, for the 2018 regular election the number of electors is the greater of the following:

1. The number of electors determined from the voters’ list from the 2014 regular election, as it existed on September 12, 2014, adjusted for applications under sections 24 and 25 of the Act that were approved as of that day.

2. The number of electors determined from the voters’ list for the 2018 regular election as it exists on September 17, 2018.

Exception re s. 83 (1)

12. (1) An order shall not be made under subsection 83 (1) of the Act by reason only of the clerk doing anything, before the Better Local Government Act, 2018 received Royal Assent, in relation to the conduct of the 2018 regular election,

(a) as if the amendments set out in section 1 of Schedule 3 to the Better Local Government Act, 2018 were not already in effect; or

(b) as if the amendments set out in section 1 of Schedule 3 to the Better Local Government Act, 2018 were already in effect.

(2) An order shall not be made under subsection 83 (1) of the Act by reason only of the clerk doing anything, after the Better Local Government Act, 2018 received Royal Assent, in relation to the conduct of the 2018 regular election arising out of the implementation of the amendments set out in section 1 of Schedule 3 to the Better Local Government Act, 2018.

Part II
City of Toronto — 2022 Regular Election

Campaign contributions and expenses

13. (1) For the purposes of the 2022 regular election and any by-election that takes place before the 2022 regular election in the City of Toronto, subsections 88.9.1 (2) and (3), 88.20 (11) and (12) and 88.21 (11), (12) and (13) of the Act do not apply and instead the rules set out in this section apply.

(2) With respect to the 2022 regular election, for the purposes of subsections 88.9.1 (1), 88.20 (7) and 88.21 (7) of the Act, the number of electors is the greater of the following:

1. The number of electors determined from the voters’ list for the 2018 regular election as it existed on September 17, 2018.

2. The number of electors determined from the voters’ list for the current election, as it exists on September 15 in the year of the current election, adjusted for changes made under sections 24 and 25 of the Act that are approved as of that day.

(3) With respect to any by-election that takes place before the 2022 regular election, for the purposes of subsections 88.9.1 (1), 88.20 (7) and 88.21 (7) of the Act, the number of electors is the greater of the following:

1. The number of electors determined from the voters’ list for the 2018 regular election as it existed on September 17, 2018.

2. The number of electors determined from the voters’ list for the by-election, as it exists after the clerk has made corrections under subparagraph 4 iii of subsection 65 (4) of the Act.

Part III
Regional Municipalities — 2018 Regular Election

Exception re s. 83 (1)

14. (1) An order shall not be made under subsection 83 (1) of the Act by reason only of the clerk of a municipality listed in subsection 218.1 (1) of the Municipal Act, 2001 doing anything, before the Better Local Government Act, 2018 received Royal Assent, in relation to the conduct of the 2018 regular election,

(a) as if the amendments set out in section 1 of Schedule 3 to the Better Local Government Act, 2018 were not already in effect; or

(b) as if the amendments set out in section 1 of Schedule 3 to the Better Local Government Act, 2018 were already in effect.

(2) An order shall not be made under subsection 83 (1) of the Act by reason only of the clerk doing anything, after the Better Local Government Act, 2018 received Royal Assent, in relation to the conduct of the 2018 regular election arising out of the implementation of the amendments set out in section 1 of Schedule 3 to the Better Local Government Act, 2018.

Part IV (OMITTED)

15. Omitted (provides for coming into force of provisions of this Regulation).

 

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