The Decision Document is for preliminary reference purposes only. Please refer to the Committee’s Report to City Council or to the Minutes for the official record.

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.

The Executive Committee recommends that:

Establishment of a Contribution Rebate Program

1.         City Council implement a contribution rebate program for the 2010 election and:

            a.         pass a by-law substantially in the form of the draft bill attached as Appendix ‘A’ to the report (November 16, 2010) from the City Clerk;

            b.         increase funding from the non-program account to the Elections Reserve Fund XR1017 by $0.2 million to $0.8 million per annum beginning in 2010 to pay for the program;

            c.         direct that any election campaign surplus funds at the end of the campaign period, paid to the Clerk under the Municipal Elections Act, 1996 by a candidate for office on Toronto City Council, will become the property of the City of Toronto and be deposited into the Elections Reserve Fund XR1017 in accordance with section 14 of the draft bill attached as Appendix ‘A’ to this report.

Corporate and Trade Union Contributions

2.         City Council pass a by-law to prohibit all corporate and trade union contributions to candidates seeking office to Toronto City Council in all regular municipal elections and by-elections, substantially in the form of the draft bill attached as Appendix ‘B’ to this report.

Electronic filing of Candidate Financial Statements

3.         City Council pass a by-law to authorize the electronic filing of candidate financial statements in all regular municipal elections and by‑elections substantially in the form of the draft bill attached as Appendix ‘C’ to this report.

General

4.         City Council authorize and direct the appropriate City officials to take the necessary action to give effect thereto, including the introduction of the bills substantially in the form of Appendices ‘A’, ‘B’ and ‘C’, to this report, adjusted as necessary if and when the Municipal Elections Act, 1996 is amended by Bill 212.

The Executive Committee recommends that:

1.         City Council establish a compliance audit committee composed of three members and delegate all of Council’s powers and functions under subsections 81(3), (4), (7), (10) and (11) of the Municipal Elections Act, 1996 in respect of compliance audit applications.

2.         City Council adopt the terms of reference for the compliance audit committee set out in Appendix “C” in the report (November 16, 2009) from the City Clerk and direct the Clerk to make any amendments necessary to reflect enactment of the provisions of Bill 212 set out in Appendix “C” in the report.

3.         City Council adopt the membership selection process set out in Appendix ‘D’ in the report.

4.         City Council establish a per diem of $350 for attendance at meetings by Members of the Compliance Audit Committee.

5.         City Council request the Province of Ontario to either:

a.         amend the Municipal Elections Act, 1996 to permit a candidate to re-open his or her election campaign for a period of six months following the filing of a compliance audit application for the purpose of fund-raising to pay any costs associated with the compliance audit; or

b.          amend the City of Toronto Act, 2006 to provide absolute certainty that Council can establish a policy to reimburse candidates and compliance audit applicants for the reasonable costs associated with a compliance audit proceeding on a case-by-case basis and to enable Council to make grants for this purpose.

6.         If the Province of Ontario fails to make the necessary legislative amendments, City Council establish a policy to:

a.          accept and review requests for reimbursement of legal expenses associated with compliance audit proceedings;

b.          provide that the requests be reviewed by Council to determine if exceptional circumstances exist to warrant the reimbursement of the legal expenses; and

c.          provide that reimbursements will be made to candidates only at the conclusion of the compliance audit proceedings and only if the candidate was vindicated.

7.           City Council endorse the action taken by the Executive Committee, as the Provincial Standing Committee considering Bill 212 met prior to the City Council meeting, in having requested the City Clerk to:

a.         Forward Recommendation 5 of the Executive Committee to the Chair of the Provincial Standing Committee considering Bill 212 and the Minister of Municipal Affairs and Housing; and urgently request that the deficiencies identified by Mayor Miller in his motion to the Committee be corrected forthwith. 

b.         Convey to the Province of Ontario the City's significant concern respecting the proposed Section 81(17) and Section 94(2) of the Municipal Elections Act, which leads to double jeopardy; and communicate this to the relevant Standing Committee, and request that Section 81(17)  of the Municipal Elections Act be struck out and the current law continue to apply.

8.         City Council authorize and direct the appropriate City officials to take the necessary action to give effect thereto

The Executive Committee recommends that:

1.         City Council adopt a Community Engagement Program that improves the voters' list, engages eligible electors and that places a special focus on tenants, as specifically set out in the report (November 16, 2009) from the City Clerk.

2.         City Council direct that the Community Engagement Program focus on the following:

a.         Increasing the accuracy and currency of the voters’ list, particularly as it affects tenants.

b.         Communicating the legislative changes introduced in Bill 212 (Good Government Act, 2009).

c.         Engaging individuals and communities in the electoral process by broadening their understanding and commitment to participation in local  democracy, improving accessibility, and offering opportunities to get involved.

3.         City Council request the City Clerk to develop a door to door canvassing strategy, in accordance with the City's rights to develop a database under Section 22 of Bill 212, and report further to the Executive Committee at its February 1, 2010 meeting, including budget implications.

4.         City Council request the City Clerk and other appropriate officials to contact Education institutions within the City of Toronto, including universities, community colleges, the Toronto District School Board (TDSB) and the Toronto Catholic School Board (TCSB), with the objective of their becoming more actively  involved in the involvement and engagement of students in the 2010 Municipal Election, with a request that she submit a detailed implementation plan to the Executive Committee meeting on February 1, 2010, such report to include any financial requirements.

5.         City Council request the City Clerk to submit a report to the February 1, 2010 meeting of the Executive Committee, on what additional sources of information will be used to improve the accuracy of the voters list, as provided for under new Section 22 of Bill 212.

This report provides an overview of the 2010 Election Community Engagement Program with an emphasis on improving the voters’ list, initiatives to engage eligible electors with special focus on tenants and the implications of Bill 212 (Good Government Act, 2009).

This initiative is being led by the City Clerk’s Office in partnership with many internal and external groups, stakeholders, and community organizations.  In addition, the City Clerk’s Office is working jointly with Municipal Property and Assessment Corporation (MPAC) to ensure more tenants are included on the voters’ list.

The Executive Committee submits to City Council, without recommendation, the report (November 18, 2009) from the City Clerk, entitled "Adjustments to the 2010 Fall Schedule of Meetings due to Revised Municipal Election Dates".