How vacant council seats can be filled in Ontario

Contents

Vacancy must be filled by appointment or by-election

When seat on council becomes vacant, council is required to declare the seat vacant and determine if the seat will be filled by by-election or appointment.

Filling vacancies
If a vacancy occurs in the office of a member of council, the municipality shall, subject to this section,
(a) fill the vacancy by appointing a person who has consented to accept the office if appointed; or
(b) require a by-election to be held to fill the vacancy in accordance with the Municipal Elections Act, 1996. 2001, c. 25, s. 263 (1).
Section 263 of the Municipal Act

Council must fill a vacant seat within 60 days of the declaration of vacancy, unless the vacancy occurs within 90 days of the next municipal election.

Reasons for vacancy

Section 259 of the Municipal Act states a vacancy can be created by a member’s:

Death
Resignation from office under section 260
Disqualification from holding office under section 256, 257 or 258
Absenteeism from meetings of council for 3 successive months without being authorized to do so by a resolution of council
Appointment or election to fill any vacancy in any other office on the same council
Forfeiting of office under this or any other Act
Declared vacant in any judicial proceeding
Failure to make the declaration of office before the deadline in section 232

Options to fill the vacancy

Belleville Councillor Tyler Allsopp was elected to the Legislative Assembly of Ontario in the 2024 Bay of Quinte by-election on September 19, 2024. At the September 23, 2024, Council meeting, Council declared the seat vacant.

The following are the options presented by staff to council for consideration to fill the vacancy. This list is not exhaustive and council has the option of filling the vacancy in any way that complies with the legislation.

Option #1 Pass a By-law Requiring a By-Election be Held to Fill the Council Vacancy

Council has 60 days to pass a by-law authorizing a by-election. The Municipal Elections Act (“MEA”) states that if such a by-law is passed, the nomination day would occur a maximum of sixty (60) days from the passing of the by-law, with voting day occurring forty-five (45) days after nomination day. The MEA states that a by-election must be held “as far as possible” in the same manner as the regular election.

A by-election may be the most democratic option to fill the vacancy, but will also be the most costly. The 2022 Municipal and School Board election cost approximately $200,000.

These costs included the costs to retain the internet and telephone voting provider and Canada Post to mail the Voter Information Letters. Though the by-election would be for a single vacant council seat, the cost would be very similar to the previous election as the same steps are required, including mailing the voter information letters and updating the Voter’s List.

Option #2 – Appointment Process

The Municipal Act, 2001 does not set out requirements relating to the appointment of an individual to fill a Council vacancy, other than those relating to qualifications. In order to be considered for appointment, individuals must meet the qualifications as outlined in the MEA, and listed below:

Reside in or be the owner/tenant of land in the municipality, or spouse
Canadian Citizen
At least 18 years of age
Not be prohibited from voting under section 17(3) of the Municipal Elections Act or otherwise by law

Option #2A – Appointment of a Candidate from the 2022 Municipal Election

This option approves the appointment process that was used for the last vacant seat council encountered. Council appointed the candidate with the highest votes, that did not win. If council chooses to pursue this option again, the clerk would confirm the individual’s qualifications and interest in accepting the appointment. If successful, the newly appointed Councillor could take the Declaration of Office in 2024.

Option #2B – Appointment by Call for Applications

Option #2B approves an appointment process which would permit eligible persons to submit an application for appointment to council. This open call for applications would be advertised and would include a process through an application, declaration of qualifications and an interview/presentation to council in an open council meeting. This format is based on best practices in other Ontario municipalities.

Staff would provide council with a Vacancy Appointment Procedure at the next regular council meeting for approval if Option #2B is selected.

Option #2C Direct Appointment by Council

Option #2C approves an appointment process where council appoints an eligible individual without an application process and without referencing the most recent election results.