The Municipal Elections Act, 1996 establishes rules and processes for placing questions on municipal ballots and regulates campaigns that arise in support of or opposition to questions on a ballot.
Who can place a question on the ballot
Those permitted to place questions on a ballot are the following:
- municipal councils;
- school boards;
- other elected local boards; and
- Minister of Municipal Affairs and Housing.
Processes for placing a question on the ballot
Notice of Intention
- A council proposing to pass a by-law to place a question on the ballot must give notice of intention to pass a by-law at least 10 days before passing the by-law.
- The notice must include the wording of the question and any financial implications if the question becomes binding.
The Question
- The question must relate to a matter within the jurisdiction of the municipality, must not be deemed to be of provincial interest, must be clear, concise and neutral and must be answerable by either “yes” or “no”.
- Matters of provincial interest are matters where:
- the municipality requires an action by the provincial government in order to implement the results of the question;
- the municipality does not have the authority to implement all aspects of the results of the question;
- the question involves casinos and charities (see definitions in the Ontario Lottery and Gaming Corporations Act, 1999); or
- the question involves municipal restructuring.
Appeal of the Question
- Notice must be given within 15 days of the passage of the by-law to the electors and to the Minister.
- Electors and the Minister have up to 20 days to file with the clerk an appeal as to whether the question is clear, concise and neutral or whether it can be answered by a “yes” or “no”.
(Please note that the subject matter of the question cannot be appealed).
Appeal Process
- After receiving an appeal, the clerk has a maximum of 15 days to forward the appeal to the Chief Election Officer of Ontario – LINK.
- The Chief Election Officer, or designate, has 60 days from the receipt of the appeal from the clerk to hold a hearing and dismiss or allow the appeal in whole or in part.
- If the Chief Election Officer or designate allows the appeal in whole or in part, he/she may either make an amending order or direct the municipality to amend the by-law.
Campaign Period
- Campaigning cannot commence until the appeal period has expired and any appeals have been disposed of.
- A trade union, corporation or individual must register form 7 if they are to spend money with respect to a municipal question on the ballot.
- Contribution limits are $750.00 per question from any single contributor. A financial filing must be completed (form 9 or 10)
- If the expenses exceed $10,000, the trade union, corporation or individual must have its financial filing audited.
- Spending limits are $.50 per elector.
Results of Vote
- The results are binding if there is a 50% or greater turnout and more than 50% of the votes for the question are in favour of the results.
Implementation
- If there is a yes vote, with a 50% turnout, council must do everything in its power to implement the results of the question within a timely manner; or
- If there is a no vote with a 50% turnout, council may not implement the results of the question during the next term of office.
Exceptions to Implementing a Binding Question
- Conditions under other legislation must be observed prior to implementing a binding question. For example, if there were a binding “yes” vote to build a community centre and a zoning change was needed, all legislation dealing with zoning changes would have to be complied with.
- The question cannot eliminate or override the legal rights of any person affected. For example, if there is a vote to elect council by wards, an appeal of ward boundaries to the Ontario Municipal Board cannot be removed.
- Implementation of the results of a question can be delayed or cancelled if conditions substantially change. For example, if there is a binding “yes” vote to build a community centre and the municipality experiences substantial financial difficulties, then the municipality has the option not to proceed with implementation.
Before a municipality decides to put a question on the ballot, it must determine that implementation of the answer is within its jurisdiction. If the answer is “no”, it cannot proceed.
The time period for the process of placing a question on the ballot is officially 190 days, commencing from when the notice of intent to pass a by-law is given. Council may require additional time prior to that date to consider the potential question.
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190 Days before Election day – Sunday, May 7 - The last day the municipality can give notice of a public meeting for the passing of a by-law to place a question on the ballot. A copy must be sent to the Minister of Municipal Affairs and Housing. The notice should contain a clear unbiased explanation in plain language as to potential effects of the outcome, including any cost implications. A description as to how to appeal the wording of the question should also be included.
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180 Days – Wednesday, May 17 – Last day for passing a by-law to submit a question to the electors. The question must be able to be answered on a “yes” or “no” basis.
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165 Days – Thursday, June 1 – Last day for the clerk to give notice to the public and the Minister that a by-law to submit a question to the electors has been passed.
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145 Days – Wednesday, June 21 – Last date for filing an appeal to the Chief Elections Officer as to the clarity of the wording of the question. The appeal is to be filed with the municipal clerk.
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130 Days – Thursday, July 6 – Last day for the clerk to forward the appeal to the Chief Elections Officer for Ontario.
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73 Days – Friday, September 1 – Last day for submission of a question from the Minister, local board or upper-tier municipality and for a petition to council for a question on fluoridation.
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70 Days – Monday, September 4 – Last day for the Chief Elections Officer to decide on the wording of the question.
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45 Days – Friday, September 29 – Last day for withdrawal of a question on the ballot.
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Monday, November 13 – Election day
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+14 Days – Monday, November 27 – Earliest day to implement the results of the question if there is a binding yes vote.
- +182 Days – Monday, May 13, 2007 – Last day to implement the results of the question if there is a binding yes vote.
Are citizen-initiated questions allowed on the ballot?
No, questions must come from either council, school boards, local boards or the Minister.
Can a municipality ask a non-binding question?
No, all questions have the potential to be binding. The question is non-binding if the turnout is less than 50%.
Do the same rules apply for questions asked by school boards, local boards and the Minister as do questions asked by a municipal council?
The rules are similar for boards and councils, except boards act by resolution rather than by by-law. There are two significant differences between questions asked by council and by the Minister. A question asked by the Minister is non-binding no matter the turnout and corporations, trade unions and individuals do not have to register to spend money with respect to a Minister’s question.