[36] Bill 109 Original (PDF)
B109_E
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Bill 109 1998
An Act to amend certain Acts with respect to The Regional Municipality of Durham
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Regional Municipalities Act
1. (1) Subsection 6 (4) of the Regional Municipalities Act, as re-enacted by the Statutes of Ontario, 1997, chapter 14, section 1, is repealed and the following substituted:
Application
(4) This section does not apply to the regional municipalities of Durham, Hamilton-Wentworth, Ottawa-Carleton, Sudbury and Waterloo and subsection (2) does not apply to The Regional Municipality of Niagara.
(2) Subsection 9 (11) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 14, section 1, is repealed and the following substituted:
Non-application
(11) Subsections (1), (2) and (3) do not apply to the regional municipalities of Durham, Hamilton-Wentworth, Ottawa-Carleton, Sudbury and Waterloo, subsections (6), (7), (8) and (9) do not apply to the regional municipalities of Niagara and Ottawa-Carleton and subsection (10) does not apply to The Regional Municipality of Ottawa-Carleton.
Regional Municipality of Durham Act
2. The Regional Municipality of Durham Act is amended by adding the following section:
Chair of Regional Council
6.1 (1) Starting with the regular election held in 2000, the chair of the Regional Council shall be elected by general vote of the electors of the area municipalities to be held concurrently with the regular election in the area municipalities.
Qualifications
(2) A person is qualified to hold office as chair if,
(a) the person is entitled to be an elector under section 17 of the Municipal Elections Act, 1996 for the election of members of the council of an area municipality; and
(b) the person is not disqualified by this or any other Act from holding the office.
Nominations
(3) Nominations for the office of chair shall be filed with the clerk of the Regional Corporation who shall send the names of the candidates to the clerk of each area municipality by registered mail within 48 hours after the closing of nominations.
Election
(4) The clerk of the Regional Corporation shall be responsible for conducting the election of the chair except for the recording of the vote in an area municipality which shall be the responsibility of the clerk of each area municipality.
Results of vote
(5) The clerk of each area municipality shall promptly report the vote recorded to the clerk of the Regional Corporation who shall prepare the final summary and announce the result of the vote.
Regulations
(6) Despite this Act or the Municipal Elections Act, 1996, the Minister may by regulation provide for those matters that, in the opinion of the Minister, are necessary or expedient to conduct the election of the chair.
Conflicts
(7) If there is a conflict between a regulation made under subsection (6) and this Act or the Municipal Elections Act, 1996, the regulation prevails.
Vacancy
(8) If a vacancy occurs in the office of chair, sections 45, 46 and 47 of the Municipal Act apply with necessary modifications to the filling of the vacancy as though that office were the office of mayor.
Deemed resignation
(9) If a member of the council of an area municipality becomes chair as a result of a vacancy being filled, that person shall be deemed to have resigned as a member of the council and the person's seat on the council thereby becomes vacant.
Commencement and Short Title
Commencement
3. (1) Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.
Same
(2) Section 1 comes into force on January 1, 2001.
Short title
4. The short title of this Act is the Regional Municipality of Durham Statute Law Amendment Act, 1998.
EXPLANATORY NOTE
The Bill amends the Regional Municipalities Act and the Regional Municipality of Durham Act to require that the chair of The Regional Municipality of Durham be elected by general vote of the electors in the regional municipality starting with the regular election in the year 2000.
Copyright © 1998
Office of the Legislative Assembly of Ontario
Toronto, Ontario, Canada.