Education and Municipal Amendment Act (Filling Vacancies), 2011 Ouellette, Jerry J. — Bill 197 (39th Parliament, 2nd Session)

Bill 197, 39-2

Ontario — Bills

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Bill 197, Education and Municipal Amendment Act (Filling Vacancies), 2011

Ouellette, Jerry J.

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[39] Bill 197 Original (PDF)

Bill 197 2011

Act to amend the Education Act and the Municipal Act, 2001

Note:

This Act amends or repeals more than one Act. For the legislative history of

these Acts, see the Table of Consolidated Public Statutes – Detailed

Legislative History at www.e-Laws.gov.on.ca.

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Education Act

1. Clause

221 (2) (

c) of the Education

Act is repealed and the following substituted:

(

c) six

months after the new board is organized in the year of a regular election.

Municipal Act, 2001

2. The

Municipal Act, 2001

is amended by adding the following section:

Policy

re filling vacancies after election

262.1

(1) Every

municipality shall adopt and maintain a policy that sets out whether, in the

event that a vacancy of an office of a member of council occurs within six

months after voting day of a regular election, the municipality is required to

fill the vacancy by appointing a person or by requiring that a by-election be

held.

Policy

required six months before election

(2) Every municipality shall adopt a policy described in

subsection (1) at least six months before voting day of a regular election.

Binding

on municipality

(3) A policy adopted by a municipality before a regular

election is binding on the municipality for six months after voting day of that

election.

3. (1) Subsection

263 (5) of the Act is amended by striking out "to filling vacancies" at the end

of the portion before paragraph 1 and substituting "to filling vacancies that

do not occur within six months after the voting day of a regular election".

(2) Section 263 of the Act is amended by adding the

following subsections:

Filling

vacancies within six months after election

(6) Subject to subsections 263 (3) and (4), if a vacancy

occurs within six months after voting day of a regular election, the

municipality shall fill the vacancy in accordance with the municipality's

policy that it adopted in accordance with

section 262.1.

Time

for filling vacancy

(7) The vacancy must be filled within 60 days after the

later of the day that the vacancy is declared under

section 262 or the day the

vacancy is declared by a court.

Rule

if no policy adopted

(8) If the municipality has not adopted a policy required

under

section 262.1, the municipality shall fill the vacancy in accordance with

the policy that was most recently in effect or, if no such policy exists, the

municipality shall pass a by-law requiring that a by-election be held to fill

the vacancy under subsection (1).

Commencement

4. This

Act comes into force on the day it receives Royal Assent.

Short

title

5. The

short title of this Act is the Education and Municipal Amendment Act (Filling Vacancies), 2011 .

EXPLANATORY NOTE

The

Bill provides amendments concerning how school boards and municipal councils

fill vacancies that occur after elections.

Subsection

221 (1) of the Education

Act provides that in certain circumstances a vacancy is to be

filled by appointing a qualified person and in other circumstances by holding a

by-election. Currently, subsection 221 (2) of the Act allows board members to

choose, in limited circumstances, to hold a by-election rather than be required

to appoint a person. An amendment to that subsection provides that board

members do not have that choice during the six-month period after the board is

organized in an election year.

New

section 262.1 of the Municipal

Act, 2001 requires every municipality to adopt a policy with

respect to filling vacancies that occur within six months after a regular

election. The policy must set out whether the municipality is required to fill

the vacancy by appointing someone or by requiring that a by-election be held.

Section 263 of the Act is amended to provide that a municipality must fill

vacancies in accordance with its policy. Policies must be in place at least

six months before voting day of every regular election. If the municipality

has not adopted a policy, vacancies must be filled in accordance with the

policy that was most recently in effect or, if no such policy exists, the

municipality must require that a by-election be held.

Date Bill stage Activity Committee

May 17, 2011

First Reading

Carried

Debates and Progress

First Reading

May 17, 2011

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 197

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Education Act

Municipal Act, 2001

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 197, 39-2
Type	bill
Volume / chapter	p39 s2 bill 197 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	8e5e264b3d44180267101f6a5b273c68d37c432c

Source file is stored in the law ingest library (html).