Declaring the Office of Councillor, Ward 22 - Scarborough Agincourt Vacant and Deciding the Method to Fill the Vacancy

Council deferred making a decision about whether to fill the vacancy through appointment or by-election until the September 30, 2020 meeting. On August 5, 2020 the Court of Appeal granted a stay of the June 24, 2020 decision while Jim Karygiannis sought leave to appeal to the Supreme Court of Canada. As such, Jim Karygiannis was returned to office pending the decision on the application for leave to appeal. The Supreme Court of Canada on September 24, 2020 dismissed the leave to appeal application and consequently the June 24, 2020 decision that resulted in the removal of Jim Karygiannis from office became effective immediately creating a vacancy in Ward 22. City Council may choose to fill the vacancy by appointment or direct the City Clerk to hold a by-election. If Council chooses to fill the vacancy by holding a by-election, Council may also decide whether to authorize a contribution rebate program.

The City Clerk shall advertise the vacancy inviting any interested and qualified applicants to seek appointment to City Council; 2. Interested persons shall complete a Consent of Nominee and Declaration of Qualification and provide personal identification showing their name and qualifying address within the City of Toronto; 3. The deadline for submitting the required forms to the City Clerk shall be Monday, October 19 at 4:30 p.m.; 4. The City Clerk shall submit a report with the list of applicants for publication on the agenda of the October 26 City Council meeting; 5. Each applicant shall be provided the opportunity to address City Council for up to 5 minutes; 6. The order in which applicants address City Council shall be determined by lot drawn by the City Clerk when City Council begins its debate on the item; 7. Members of City Council shall be entitled to ask one question of each candidate; 8. City Council shall vote on the appointment by ballot in accordance with procedures to be determined by the City Clerk; and 9. City Council shall enact a by-law confirming the appointment of the successful candidate to the office for the remainder of the term of the present Council. OR Option B - By-election B. Require that a by-election be held to fill the vacancy in Ward 22 - Scarborough Agincourt, as outlined in the draft bill in Appendix "A"; and 1. Authorize a contribution rebate program for payment of rebates to persons who make contributions to candidates in the by-election as outlined in the draft bill in Appendix "B". 2. Direct the Chief Financial Officer and Treasurer to increase the City Clerk's Office 2020 Operating Budget by $550,000 gross and $0 net to reflect the funds required to conduct the by-election, and to increase the City's 2021 Contribution Rebate budget in Non-Program by $150,000 gross and $0 net through the 2021 Budget Process to administer the contribution rebate program related to a by-election to fill the vacancy in Ward 22, both fully funded from the Election Reserve.