Item - 2009.EX37.1
Tracking Status
- City Council adopted this item on December 2, 2009 with amendments.
- This item was considered by Executive Committee on November 24, 2009 and was adopted with amendments. It will be considered by City Council on December 2, 2009.
- See also By-laws 1176-2009, 1258-2009
EX37.1 - Election Administration By-laws - Updated Report (Bill 212)
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
City Council Decision
City Council on December 2, 2009, adopted the following:
1. City Council authorize the dates and times for the 2010 election advance votes as follows:
a. If Bill 212 is not enacted by the Ontario Legislature:
i. Weekdays from Wednesday, October 20, 2010 to Friday, October 22, 2010 inclusive and Monday, October 25, 2010 to Wednesday, October 27, 2010, inclusive from 10:00 a.m. to 6:00 p.m.;
ii. Saturday, October 30, 2010, from 10:00 a.m. to 6:00 p.m.; and
iii. Sunday, October 31, 2010, from 10:00 a.m. to 6:00 p.m.
b. If Bill 212 is enacted by the Ontario Legislature:
i. Weekdays from Tuesday, October 5, 2010 to Friday, October 8, 2010 inclusive and Tuesday, October 12, 2010 to Wednesday, October 13, 2010, inclusive from 10:00 a.m. to 6:00 p.m.;
ii. Saturday, October 16, 2010, from 10:00 a.m. to 6:00 p.m.; and
iii. Sunday, October 17, 2010, from 10:00 a.m. to 6:00 p.m.
c. The City Solicitor be authorized to submit the appropriate bill once any amendments have been made to the Municipal Elections Act, 1996 by Bill 212.
2. City Council authorize elector information to be made available during regular municipal elections and by-elections in those languages which the most recent available Statistics Canada data shows was spoken and understood in the home by at least 2 percent of a ward’s population, substantially in the form of the draft bill attached as Appendix ‘C’ to the report (November 16, 2009) from the City Clerk, and further, the City Clerk be requested to provide information in the languages identified by the process described in Appendix C.
3. City Council direct that voting places shall open at 10:00 a.m. on voting day.
4. City Council direct that institutional voting places, as described in subsection 46(3) of the Municipal Elections Act, 1996, be open for the full voting day.
5. City Council direct the City Clerk to request the Province of Ontario to amend the Municipal Elections Act to permit the City of Toronto to extend voting hours to ensure that voting places are open for a minimum of 10 hours and are fully operational during that time.
6. If Bill 212 is enacted by the Ontario Legislature, City Council request the Minister of Municipal Affairs and Housing to consider the following:
a. poll clerks require photo identification from a voter when there is reasonable doubt about the identity of the elector; and
b. where it is necessary to administer an Oath, photo identification be required.
7. City Council request the City Clerk to ensure that the intended location of polling stations be made public at least six months prior to the election date and establish a process that would allow for revisions to be made in polling station locations that are shown to be problematic.
8. City Council request the City Clerk and the City Manager to report to the Executive Committee for its meeting on February 1, 2010, on:
a. the feasibility and costs of providing transportation for electors with disabilities to the voting places if disabled accessibility cannot be achieved within a local voting area; and
b. the feasibility and potential costs for including in the Election householder, the translation of basic election information in languages that are spoken by a minimum of 2 percent of the population, by ward, according to the most recent Statistics Canada data.
9. City Council authorize and direct the appropriate City officials to take the necessary action to give effect thereto, including the introduction of any bills.
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2009/ex/bgrd/backgroundfile-25322.pdf
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2009/cc/bgrd/backgroundfile-25517.pdf
Motions (City Council)
That Council adopt the following recommendation contained in the report (November 27, 2009) from the City Manager and the City Clerk [EX37.1a]:
City Council request the City Clerk and the City Manager to report to the Executive Committee for its meeting on February 1, 2010 on the feasibility and costs of providing transportation for electors with disabilities to the voting places if disabled accessibility cannot be achieved within a local voting area.
(Amended by motion 4b)
That, in accordance with the provisions of Chapter 27, Council Procedures, Council reconsider this Item. (This procedural motion requires a two-thirds vote to carry.)
That Members of Council be permitted to ask City officials a second round of questions.
Vote (Extend Debate) Dec-02-2009 10:36 AM
Result: Lost | Two-Thirds Required - EX37.1 - allow more questions |
---|---|
Total members that voted Yes: 15 | Members that voted Yes are Paul Ainslie, Brian Ashton, Maria Augimeri, Sandra Bussin (Chair), Raymond Cho, Paula Fletcher, Doug Holyday, Cliff Jenkins, Norman Kelly, Ron Moeser, Howard Moscoe, Cesar Palacio, John Parker, Anthony Perruzza, Karen Stintz |
Total members that voted No: 20 | Members that voted No are Shelley Carroll, Janet Davis, Mike Del Grande, Frank Di Giorgio, John Filion, Suzan Hall, A.A. Heaps, Chin Lee, Pam McConnell, Joe Mihevc, Peter Milczyn, David Miller, Denzil Minnan-Wong, Frances Nunziata, Case Ootes, Joe Pantalone, Gord Perks, Michael Thompson, Adam Vaughan, Michael Walker |
Total members that were Absent: 10 | Members that were absent are Glenn De Baeremaeker, Mike Feldman, Rob Ford, Adam Giambrone, Mark Grimes, Gloria Lindsay Luby, Giorgio Mammoliti, Kyle Rae, Bill Saundercook, David Shiner |
That City Council direct the City Clerk to ensure that all voting places are open for a minimum of 10 hours and are fully operational during that time.
(Revised) That City Council direct the City Clerk to request the Province of Ontario to amend the Municipal Elections Act to permit the City of Toronto to extend voting hours to ensure that voting places are open for a minimum of 10 hours and are fully operational during that time.
That:
1. poll clerks require photo identification from a voter when there is reasonable doubt about the identity of the elector; and
2. where it is necessary to administer an Oath, photo identification be required.
(Revised) If Bill 212 is enacted by the Ontario Legislature, City Council request the Minister of Municipal Affairs and Housing to consider the following:
1. poll clerks require photo identification from a voter when there is reasonable doubt about the identity of the elector; and
2. where it is necessary to administer an Oath, photo identification be required.
That Recommendation 2 of the Executive Committee be amended by adding the following:
“The City Clerk be requested to provide information in the languages identified by the process described in Appendix C.”
That motion 1 by Councillor Moscoe be amended to request the City Clerk to also include in her report to the Executive Committee on February 1, 2010, the feasibility and potential costs for including in the Election householder, the translation of basic election information in languages that are spoken by a minimum of 2 percent of the population, by ward, according to the most recent Statistics Canada data.
Vote (Adopt Item as Amended) Dec-02-2009 11:21 AM
Result: Carried | Majority Required - EX37.1 - Adopt Item, as amended |
---|---|
Total members that voted Yes: 36 | Members that voted Yes are Paul Ainslie, Brian Ashton, Maria Augimeri, Sandra Bussin (Chair), Shelley Carroll, Raymond Cho, Janet Davis, Mike Del Grande, Frank Di Giorgio, John Filion, Paula Fletcher, Rob Ford, Suzan Hall, A.A. Heaps, Doug Holyday, Cliff Jenkins, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Pam McConnell, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Howard Moscoe, Frances Nunziata, Case Ootes, Cesar Palacio, Joe Pantalone, John Parker, Gord Perks, Anthony Perruzza, Bill Saundercook, Michael Thompson, Adam Vaughan, Michael Walker |
Total members that voted No: 0 | Members that voted No are |
Total members that were Absent: 9 | Members that were absent are Glenn De Baeremaeker, Mike Feldman, Adam Giambrone, Mark Grimes, Giorgio Mammoliti, David Miller, Kyle Rae, David Shiner, Karen Stintz |
EX37.1 - Election Administration By-laws - Updated Report (Bill 212)
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
Committee Recommendations
The Executive Committee recommends that:
1. City Council authorize the dates and times for the 2010 election advance votes as follows:
a. If Bill 212 is not enacted by the Ontario Legislature:
i. Weekdays from Wednesday, October 20, 2010 to Friday, October 22, 2010 inclusive and Monday, October 25, 2010 to Wednesday, October 27, 2010, inclusive from 10:00 a.m. to 6:00 p.m.;
ii. Saturday, October 30, 2010, from 10:00 a.m. to 6:00 p.m.; and
iii. Sunday, October 31, 2010, from 10:00 a.m. to 6:00 p.m.
b. If Bill 212 is enacted by the Ontario Legislature:
i. Weekdays from Tuesday, October 5, 2010 to Friday, October 8, 2010 inclusive and Tuesday, October 12, 2010 to Wednesday, October 13, 2010, inclusive from 10:00 a.m. to 6:00 p.m.;
ii. Saturday, October 16, 2010, from 10:00 a.m. to 6:00 p.m.; and
iii. Sunday, October 17, 2010, from 10:00 a.m. to 6:00 p.m.
c. The City Solicitor be authorized to submit the appropriate bill once any amendments have been made to the Municipal Elections Act, 1996 by Bill 212.
2. City Council authorize elector information to be made available during regular municipal elections and by-elections in those languages which the most recent available Statistics Canada data shows was spoken and understood in the home by at least 2 percent of a ward’s population, substantially in the form of the draft bill attached as Appendix ‘C’ to the report (November 16, 2009) from the City Clerk.
3. City Council direct that voting places shall open at 10:00 a.m. on voting day.
4. City Council direct that institutional voting places, as described in subsection 46(3) of the Municipal Elections Act, 1996, be open for the full voting day.
5. City Council request the City Clerk to ensure that the intended location of polling stations be made public at least six months prior to the election date and establish a process that would allow for revisions to be made in polling station locations that are shown to be problematic.
6. City Council authorize and direct the appropriate City officials to take the necessary action to give effect thereto, including the introduction of any bills.
Decision Advice and Other Information
The Executive Committee requested the City Clerk to submit a report directly to the Special Meeting of City Council on December 2, 2009, on the feasibility and costs of providing transportation for the disabled to a neighbouring polling station if disabled accessibility cannot be achieved within a local voting area.
Origin
Summary
It is recommended that Council enact by-laws establishing the dates and times for the advance votes and a formula to select the languages that certain election information will be available in. The advance votes dates and times by-law is a mandatory by-law that Council must pass. The language by-law is a permissive by-law. Copies of the proposed bills are set out in the appendices to this report.
The proposed amendments to the Municipal Elections Act, 1996 contained in Bill 212 (Good Government Act, 2009) will, if enacted, change voting day from November 8, 2010 to October 25, 2010. As Council will not be meeting again prior to the opening of nominations on January 4, 2010, the Clerk is recommending two possible sets of dates for advance votes, dependent upon whether Bill 212 is enacted or not. This will permit staff to include the appropriate dates in the Candidate’s Guide whether or not Bill 212 is passed.
The City Clerk recommends that the by-law establishing a language formula be applicable to all regular municipal elections and by-elections in the City of Toronto, not just the 2010 election. The by-law establishing the dates and times of the advance votes will apply to the 2010 election only.
Financial Impact
If Council adopts the recommendations as stated, there are no financial implications arising from this report. However, if Council amends any of the recommendations, there may be additional costs depending on the nature of the amendment.
The Deputy City Manager and Chief Financial Officer has reviewed this report and concurs with the financial implications.
Background Information
https://www.toronto.ca/legdocs/mmis/2009/ex/bgrd/backgroundfile-25322.pdf