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Executive Committee · 2022-07-12 · 2022.EX34.43

The filed record

Vacant City Council Seats

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The decision

2022-07-19 · Toronto City Council · adopted

As filed

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.

The vote

Adopt Item · Carried, 21-2

Absent (2)Cynthia Lai, Denzil Minnan-Wong
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On the agenda

As the city filed it

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.

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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.

Staff recommended

Mayor John Tory 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.

Considered

  • 2022-07-12 · Executive Committee · adopted

    Decision as filed

    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.

  • 2022-07-19 · Toronto City Council · adopted

    Clerk’s note

    City Council considered Items EX34.43 and CC47.7 together.

On the record

The item as the City filed it

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