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Bill 232, Local Choice for Local Elections (Ranked Ballot By-Laws), 2020

Hunter, Mitzie

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Bill 232 Original (PDF)

EXPLANATORY

NOTE

The

City of Toronto Act, 2006 and the Municipal Act, 2001 are amended to allow municipal

councils to pass a by-law adopting a ranked ballot election for the election of

members of their councils. The Lieutenant Governor in Council may prescribe

public consultation requirements that the councils must meet before voting on a

ranked ballot by-law. The by-law only has force and effect if ratified by more

than 50 per cent of the electors in the municipality. A procedure for the

ratification vote is provided.

ratified, the by-laws prevail over and may modify the application of the Municipal Elections Act, 1996 and its regulations.

Bill 232 2020

Act to amend the City of Toronto Act, 2006 and the Municipal Act, 2001 with

respect to ranked ballot by-laws for council elections

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

City

of Toronto Act, 2006

1 (1) Subsection 3 (1) of the City of Toronto Act, 2006 is amended by adding the

following definition:

“ranked

ballot election” means an election conducted in accordance with the following

rules:

1. Electors

vote by ranking candidates for an office in order of the elector’s preference.

2. Votes

are distributed to candidates based on the rankings marked on the ballots.

3. The

counting of votes is carried out in one or more rounds, with at least one

candidate being elected or eliminated in each round. (“scrutin préférentiel”)

(2) Section 8 of the Act is amended

by adding the following subsections:

Ranked

ballot by-law

(2.1) The

City may pass a by-law that adopts a ranked ballot election for the election of

members of city council and establishes the procedure for the ranked ballot

election.

Ranked

ballot by-law public consultation requirements

(2.2) Before

city council votes on whether to pass, amend, revise or repeal a by-law made

under subsection (2.1), the city council shall consult the public in accordance

with any prescribed public consultation requirements.

Ranked

ballot by-law requires ratification

(2.3) No

by-law made under subsection (2.1), and no amendment to, revision of or repeal

of such a by-law, has any force or effect until it is ratified under

section

8.1.

(3) Subsection

8 (4) of the Act is repealed and the following substituted:

One

power not affecting another

(4) The

power to pass a by-law respecting a matter set out in a paragraph of subsection

(2) or set out in subsection (2.1) is not limited or restricted by the power to

pass a by-law respecting a matter set out in another paragraph of subsection

(2) or set out in subsection (2.1).

(4) The

Act is amended by adding the following section:

Ranked

ballot by-laws

8.1

(1) City

council may submit to a vote the ratification of a by-law made under subsection

8 (2.1) or an amendment to, revision of or repeal of such a by-law.

Voting

day

(2) City

council shall fix a day for the vote on a ratification described in subsection

(1) and notify the city clerk.

Eligible

voters

(3) The

persons eligible to vote on a ratification described in subsection (1) are the

persons who would be eligible to vote in an election held under the Municipal Elections Act, 1996 on the day fixed for taking

the vote on the question.

Municipal Elections Act, 1996 applies

(4) The

provisions of the Municipal Elections Act, 1996

apply to the taking of a vote under this section.

Return

to city clerk

(5) The

returning officer shall make a return to the city clerk showing the number of

votes polled for the affirmative and negative on the ratification.

Same

(6) Upon

receiving the return, the city clerk shall give notice of the return in The Ontario Gazette , showing the total number of votes

polled in the municipality for the affirmative and negative on the

ratification.

Ratification

(7) The

by-law, or amendment to, revision of or repeal of a by-law, is ratified if more

than 50 per cent of the electors voting on the ratification vote in favour of

the ratification.

Prevails

over Municipal Elections Act, 1996

(8) A

by-law made under subsection 8 (2.1) and ratified under this

section prevails

over and may modify the application of any provision of the Municipal Elections Act, 1996 or of any regulation made

under that Act.

(5) Subsection

135 (2) of the Act is amended by adding “Subject to any by-law made under

subsection 8 (2.1) and ratified under

section 8.1,” at the beginning of the

portion before paragraph 1.

(6) Subsection

152 (1) of the Act is amended by adding the following clause:

(

k) prescribing

public consultation requirements for the purposes of subsection 8 (2.2).

Municipal

Act, 2001

(1) Subsection 1 (1) of the Municipal Act, 2001

is amended by adding the following definition:

“ranked

ballot election” means an election conducted in accordance with the following

rules:

1. Electors vote by ranking candidates for an office in order

of the elector’s preference.

2. Votes

are distributed to candidates based on the rankings marked on the ballots.

3. The

counting of votes is carried out in one or more rounds, with at least one

candidate being elected or eliminated in each round. (“scrutin préférentiel”)

(2) Section

10 of the Act is amended by adding the following subsections:

Ranked

ballot by-law

(2.1) A

single-tier municipality may pass a by-law that adopts a ranked ballot election

for the election of members of its council and establishes the procedure for

the ranked ballot election.

Ranked

ballot by-law public consultation requirements

(2.2) Before

a council votes on whether to pass, amend, revise or repeal a by-law made under

subsection (2.1), the council shall consult the public in accordance with any

prescribed public consultation requirements.

Ranked

ballot by-law requires ratification

(2.3) No

by-law made under subsection (2.1), and no amendment to, revision of or repeal

of such a by-law, has any force or effect until it is ratified under

section

11.0.1.

(3) Subsection

10 (3) of the Act is repealed and the following substituted:

One

power not affecting another

(3) The

power to pass a by-law respecting a matter set out in a paragraph of subsection

(2) or set out in subsection (2.1) is not limited or restricted by the power to

pass a by-law respecting a matter set out in another paragraph of subsection

(2) or set out in subsection (2.1).

(4) Section

11 of the Act is amended by adding the following subsections:

Ranked

ballot by-law

(4.1) A

lower-tier or upper-tier municipality may pass a by-law that adopts a ranked

ballot election for the election of members of the municipality’s council and

establishes the procedure for the ranked ballot election.

Ranked

ballot by-law public consultation requirements

(4.2) Before

a council votes on whether to pass, amend, revise or repeal a by-law made under

subsection (4.1), the council shall consult the public in accordance with any prescribed

public consultation requirements.

Ranked

ballot by-law requires ratification

(4.3) No

by-law made under subsection (4.1), and no amendment to, revision of or repeal

of such a by-law, has any force or effect until it is ratified under

section

11.0.1.

(5) Subsection

11 (5) of the Act is repealed and the following substituted:

One

power not affecting another

(5) The

power to pass a by-law respecting a matter set out in a paragraph of subsection

(2) or (3) or set out in subsection (4.1) is not limited or restricted by the

power to pass a by-law respecting a matter set out in another paragraph of

subsection (2) or (3) or set out in subsection (4.1).

(6) The

Act is amended by adding the following section:

Ranked

ballot by-laws

11.0.1

(1) The

council of a municipality may submit to a vote the ratification of a by-law

made under subsection 10 (2.1) or 11 (4.1) or an amendment to, revision of or

repeal of such a by-law.

Voting

day

(2) The

council shall fix a day for the vote on a ratification described in subsection

(1) and notify the clerk of the municipality.

Eligible

voters

(3) The

persons eligible to vote on a ratification described in subsection (1) are the

persons who would be eligible to vote in an election held under the Municipal Elections Act, 1996 on the day fixed for taking

the vote on the question.

Municipal Elections Act, 1996 applies

(4) The

provisions of the Municipal Elections Act, 1996

apply to the taking of a vote under this section.

Return

to clerk

(5) The

returning officer shall make a return to the clerk of the municipality showing

the number of votes polled for the affirmative and negative on the

ratification.

Same

(6) Upon

receiving the return, the clerk of the municipality shall give notice of the

return in The Ontario Gazette , showing the total

number of votes polled in the municipality for the affirmative and negative on

the ratification.

Ratification

(7) The

by-law, or amendment to, revision of or repeal of a by-law, is ratified if more

than 50 per cent of the electors voting on the ratification vote in favour of

the ratification.

Prevails

over Municipal Elections Act, 1996

(8) A

by-law made under subsection 10 (2.1) or 11 (4.1) and ratified under this

section prevails over and may modify the application of any provision of the Municipal Elections Act, 1996 or of any regulation made

under that Act.

Regulations

(9) The

Lieutenant Governor in Council may make regulations prescribing public

consultation requirements for the purposes of subsections 10 (2.2) and 11 (4.2).

(7) Subsection

217 (1) of the Act is amended by striking out “Without limiting sections 9, 10

and 11” at the beginning of the portion before paragraph 1 and substituting

“Without limiting sections 9, 10 and 11 and subject to any by-laws made under subsection

10 (2.1) or 11 (4.1) and ratified under

section 11.0.1”.

(8) Subsection

218 (1) of the Act is amended by striking out “Without limiting sections 9, 10

and 11” at the beginning of the portion before paragraph 1 and substituting

“Without limiting sections 9, 10 and 11 and subject to any by-laws made under

subsection 11 (4.1) and ratified under

section 11.0.1”.

Commencement

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

Short

title

The

short title of this Act is the Local Choice for Local

Elections Act (Ranked Ballot By-Laws), 2020 .

Date Bill stage Event Outcome Committee

November 17, 2020

First Reading

Vote

Carried

Debates and Progress

First Reading

November 17, 2020

Committee

Second Reading

Committee

Third Reading

Royal Assent

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