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←Toronto City Council · 2020-10-27 · 2020.CC25.1

The filed record

Deciding the Method to Fill the Vacancy in Office of Councillor, Ward 22 - Scarborough Agincourt

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The decision

2020-10-27 · Toronto City Council · amended

As filed

City Council on October 27, 28 and 30, 2020, adopted the following: 1. City Council 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 to the report (October 21, 2020) from the Interim City Clerk; and a. 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 to the report (October 21, 2020) from the Interim City Clerk; and 2.

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direct the Chief Financial Officer and Treasurer to increase the City Clerk's Office 2021 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.

The vote

Adopt Item as Amended · Carried, 24-0

For (24)Ana Bailão, Anthony Perruzza, Brad Bradford, Cynthia Lai, Denzil Minnan-Wong, Frances Nunziata, Gary Crawford, Gord Perks, James Pasternak, Jennifer McKelvie, Joe Cressy, John Filion, John Tory, Josh Matlow, Kristyn Wong-Tam, Mark Grimes, Michael Ford, Michael Thompson, Mike Colle, Mike Layton, Paul Ainslie, Paula Fletcher, Shelley Carroll, Stephen Holyday
Absent (1)Jaye Robinson
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On the agenda

As the city filed it

At its September 30, October 1 and 2 meeting, City Council declared a vacancy in the office of Councillor, Ward 22 - Scarborough Agincourt, and deferred the decision as to whether to fill the vacancy by appointment or by-election. The City of Toronto Act, 2006 provides that Council, within 60 days after the day the office is declared vacant, either fill the vacancy by appointing a person or pass a by-law requiring that a by-election be held to fill the vacancy.

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The 60-day clock started with the Supreme Court of Canada's decision on September 24.

Staff recommended

The Interim City Clerk recommends that: 1. City Council adopt one of the following options to fill the vacancy: Option A - Appointment A. City Council fill the vacancy by appointing a person qualified to hold office in the City of Toronto at a special meeting to be held on Friday, November 20, 2020 at 9:30 a.m., in accordance with the following: 1. The City Clerk shall advertise the vacancy inviting any interested and qualified applicants to seek appointment to City Council; 2.

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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 Friday, November 13 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 November 20 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 2021 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.

    On the record

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