animatronic
Senior Member
You've got it backwards - but it any event it's non-binding. The City of Toronto Act empowers council to either appoint or hold an election at any time, while the Municipal Elections Act only requires appointment after 31 March of an election year (and allows <90 days before election to remain vacant). However, City Council has set a standing policy that they will hold an election in roughly the first half of the term and appoint in the second:
http://www.toronto.ca/legdocs/2000/agendas/council/cc/cc000201/cofa.htm
"(1) any vacancy in the office of the Mayor or a Councillor declared by Council prior to November 30 in the year prior to an election year be filled through the conduct of a by-election;
(2) any vacancy in the office of the Mayor or a Councillor declared by Council after November 30 in the year prior to an election year be filled through an appointment;";
However, in April 2014 the City Clerk suggested that there was no value in setting a non-binding policy and recommended that each vacancy be dealt with on a case-by-case basis. Not sure if anything came of that.
Act language below:
Filling vacancies
208. (1) If a vacancy occurs in the office of a member of city council, the City 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. 2006, c. 11, Sched. A, s. 208 (1).
Court-ordered election
(2) If an order is made in any judicial proceeding requiring a by-election be held to fill a vacancy on city council, the clerk shall hold the by-election in accordance with the Municipal Elections Act, 1996. 2006, c. 11, Sched. A, s. 208 (2).
