Bill 197 2011

An 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  Clause 221 (2) (c) of the Education Act is repealed and the following substituted: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.