Nomination Procedure

Who May Be Nominated?

Sections 29 and 30 of the Municipal Elections Act, 1996

29.1 A person may be nominated for an office only if, as of the day the person is nominated,

(a) he or she is qualified to hold that office under the Act that creates it; and

(b) he or she is not ineligible under this or any other Act or otherwise prohibited by law to be nominated for or to hold the office.

Notwithstanding the above provision, some persons otherwise disqualified at the time of filing the nomination are entitled to file in accordance with Sections 29(1.1) and (1.2) and 30(1) of the Municipal Elections, 1996:

29(1.1) Despite subsection (1) and despite section 258 of the Municipal Act, 2001, section 9 of the Legislative Assembly Act and section 219 of the Education Act, a member of the Legislative Assembly of Ontario or the Senate or House of Commons of Canada is not ineligible to be nominated for an office in an election by virtue of being a member of any of those bodies but, if the person is a member of any of those bodies as of the close of nominations on nomination day of the election, the nomination shall be rejected by the Clerk under section 35.

29(1.2) Subsection (1.1) does not apply to a member of the Executive Council of Ontario or a federal Minister of the Crown.

30(1) An employee of a municipality or local board is eligible to be a candidate for and to be elected as a member of the council or local board that is the employer if he or she takes an unpaid leave of absence beginning as of the day the employee is nominated and ending on voting day.

In addition to these provisions in the Municipal Elections Act, 1996, the Education Act has been amended to provide for parallel changes for a candidate for a district school board or a school authority (see section 219(5) of the Education Act).

Nomination Procedure

Section 33 of the Municipal Elections Act, 1996

33.(1) A person may be nominated for an office by filing a nomination in the Clerk’s office, in person or by an agent.

Note: Facsimile transmissions or mailed-in nomination forms will not be accepted.

Formal requirements

(2) The nomination shall,

(a) be in the prescribed form;

(b) be accompanied by a declaration of qualification in the prescribed form, signed by the person being nominated; and

Note: The declaration of qualifications must be taken before a Commissioner of Oaths. The municipal Clerk’s office can administer this declaration for you.

(c) be accompanied by the prescribed nomination filing fee.

Note: The filing fee must be paid in cash, certified cheque or money order.

Exception, nomination filing fee

(3) If the person was previously nominated for an office on the same council or local board in the same election and paid the nomination filing fee at that time,

(a) clause (2) (c) does not apply; and

(b) for the purposes of section 34 (refund) and paragraph 9 of subsection 67(2) (expenses), the fee paid at the time of the earlier nomination shall be deemed to have been paid in connection with the later one.

Time for filing

(4) The nomination may be filed,

(a) on any day in the year of the regular election that is before nomination day, at a time when the Clerk’s office is open; or

(b) on nomination day, between 9 a.m. and 5 p.m.

Note: Nomination Day is September 29th for the 2006 election.

Exception for additional nominations

(5) If the number of nominations filed for an office and certified under section 35 is less than the number of persons to be elected to the office, additional nominations may be filed between 9 a.m and 5 p.m. on the Wednesday following nomination day.

Note: October 4, 2006

Refund of Deposit

Section 34 of the Municipal Elections Act, 1996

34. A candidate is entitled to receive a refund of the nomination filing fee if he or she:

(a) withdraws the nomination under Section 36;

(b) is elected to the office; or

(c) receives more than the prescribed percentage of the votes cast in the election for the office.

Note: The prescribed percentage of the vote for the return of deposit is at least 2% of the total votes cast for the office for which they ran.

Certification of Nomination by Clerk

Section 35 of the Municipal Elections Act, 1996

35(1) The Clerk shall examine each nomination that has been filed, in accordance with the following timetable:

1. All nominations filed on or before nomination day shall be examined before 4 p.m. on the Monday following nomination day. (October 2, 2006)

2. Any additional nominations filed under subsection 33(5) shall be examined before 4 p.m. on the Thursday following nomination day. (October 5, 2006)

Certification
(2) If satisfied that a person is qualified to be nominated and that the nomination complies with this Act, the Clerk shall certify the nomination by signing the nomination paper.

Rejection
(3) If not satisfied that a person is qualified to be nominated or that the nomination complies with this Act, the Clerk shall reject the nomination.

Notice
(4) When the Clerk rejects a nomination, he or she shall, as soon as possible, give notice of the fact to the person who sought to be nominated and to all candidates for the office.

Clerk’s decision final
(5) The Clerk’s decision to certify or reject a nomination is final.

Note: It is the responsibility of the candidate to ensure they meet all the qualifications and have followed the procedures with respect to the filing of Nomination Papers. The Clerk will examine and certify the Nomination Papers before 4:00 p.m. on October 2, 2006.

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