Regional Municipality of
Waterloo Amendment Act, 1997
EXPLANATORY NOTE
The purpose of the Bill is to provide for the direct election of the chair and the members of the Regional Council in The Regional Municipality of Waterloo.
The composition of the councils of the area municipalities and the method of election are set out in section 1 of the Bill.
The composition of the Regional Council and the method of election are set out in section 2 of the Bill.
Bill 1351997
An Act to amend the Regional
Municipality of Waterloo Act
and to make consequential amendments
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 3 of the Regional Municipality of Waterloo Act, as amended by the Statutes of Ontario, 1996, chapter 32, section 94, is repealed and the following substituted:
Composition of councils
3. (1) The council of each area municipality shall be composed of a mayor, who shall be elected by a general vote of the electors of the area municipality and shall be the head of the council, and the following number of other members of council:
1. The City of Cambridge - Nine members, three of whom shall be elected by general vote of the electors of the city as a member of the council of the city and of the Regional Council and six of whom shall be elected by wards as members of the council of the city.
2. The City of Kitchener - In respect of the 1997 regular municipal election, ten members elected by wards. In respect of subsequent regular municipal elections, the number of members determined by by-law of the city, six of whom shall be elected by the electors of the city as members of the council of the city and of the Regional Council.
3. The City of Waterloo - Eight members, three of whom shall be elected by general vote of the electors of the city as members of the council of the city and of the Regional Council and five of whom shall be elected by wards as members of the council of the city.
4. The Township of North Dumfries - Six members elected by wards.
5. The Township of Wellesley - Six members elected by wards.
6. The Township of Wilmot - Eight members, one of whom shall be elected by general vote of the electors of the township as a member of the council of the township and of the Regional Council and seven of whom shall be elected by wards as members of the council of the township.
7. The Township of Woolwich - Eight members, one of whom shall be elected by general vote of the electors of the township as a member of the council of the township and of the Regional Council and seven of whom shall be elected by wards as members of the council of the township.
No board of control
(2) No area municipality shall have a board of control.
Powers under Municipal Act
(3) Nothing in this section prevents an area municipality from exercising a power under section 29 of the Municipal Act.
2. Section 5 of the Act, as amended by the Statutes of Ontario, 1996, chapter 32, section 94, is repealed and the following substituted:
Coomposition of Regional Council
5. (1) The Regional Council shall be composed of 22 members consisting of,
(a) a chair elected by general vote of all of the electors of all the area municipalities;
(b) the head of council of each area municipality;
(c) the three members of council from the City of Cambridge elected by general vote of the electors of the city as members of the Regional Council and the council of the city;
(d) six members of council from the City of Kitchener elected by,
(i) the members of council of the city, in respect of the 1997 regular municipal election, and
(ii) the electors of the city as members of the Regional Council and the council of the city, in respect of regular municipal elections after 1997;
(e) the three members of council from the City of Waterloo elected by general vote of the electors of the city as members of the Regional Council and the council of the city;
(f) the one member of council from the Township of Wilmot elected by general vote of the electors of the township as a member of the Regional Council and the council of township; and
(g) the one member of council from the Township of Woolwich elected by general vote of the electors of the township as a member of the Regional Council and the council of the township.
City of Kitchener
(2) The council of the City of Kitchener shall, on or before January 1, 2000, by by-law determine whether the election of those persons who are both members of the council of the city and of the Regional Council is to be by general vote, by wards or a combination of the two.
Powers
(3) If a regulation is made under subsection 27 (10) of the Municipal Act in respect of the Regional Corporation, the Regional Council has the powers set out in section 27 of that Act.
3. Section 6 of the Act, as amended by the Statutes of Ontario, 1996, chapter 32, section 94, is repealed and the following substituted:
Qualifications of chair
6. (1) A person is qualified to hold office as chair of the Regional Council if,
(a) the person is entitled to be an elector under section 17 of the Municipal Elections Act, 1996 for the election of members of the council of an area municipality; and
(b) the person is not disqualified by this or any other Act from holding the office of chair.
Nominations for chair
(2) Nominations for chair shall be filed with the clerk of the Regional Corporation who shall send the names to the clerk of each area municipality by registered mail within 48 hours after the closing of nominations.
Election of chair
(3) The clerk of the Regional Corporation is responsible for conducting the election of the chair except for the recording of the vote in an area municipality which shall be the responsibility of the clerk of each area municipality.
Result of vote
(4) The clerk of the area municipality shall promptly report the vote recorded to the clerk of the Regional Corporation who shall prepare the final summary and announce the result of the vote.
Regulations
(5) Despite this Act or the Municipal Elections Act, 1996, the Minister may by regulation provide for those matters which, in the opinion of the Minister, are necessary or expedient to conduct the elections of the chair and the members of the Regional Council and the councils of the area municipalities.
Conflicts
(6) If there is a conflict between a regulation made under subsection (5) and this Act or the Municipal Elections Act, 1996, the regulation prevails.
Quorum
6.1 (1) Twelve members of the Regional Council representing at least four area municipalities are necessary to form a quorum and the concurring votes of a majority of members present are necessary to carry any resolution or other measure.
One vote
(2) Each member of the Regional Council has one vote.
Exception
(3) Despite subsection (1), if a by-law passed by the Regional Council under section 27 of the Municipal Act is in force, a majority of the members are necessary to form a quorum.
Changing quorum
(4) Despite subsection (3), the Regional Council may, by by-law, establish a different quorum so long as it is at least a majority of its members.
Vacancies
6.2 (1) If a vacancy occurs in the office of chair of the Regional Council, sections 45, 46 and 47 of the Municipal Act apply with necessary modifications to the filling of the vacancy as though that office were the office of mayor.
Deemed resignation
(2) If a member of the council of an area municipality becomes chair as a result of a vacancy being filled, that person shall be deemed to have resigned as a member of the council and the person's seat on the council thereby becomes vacant.
4. (1) Subsection 6 (4) of the Regional Municipalities Act, as amended by the Statutes of Ontario, 1991, chapter 3, section 2, is repealed and the following substituted:
Non-application
(4) This section does not apply to the regional municipalities of Hamilton-Wentworth, Ottawa-Carleton and Waterloo and subsection (2) does not apply to The Regional Municipality of Niagara.
(2) Subsection 9 (11) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 1, section 12, is repealed and the following substituted:
Non-application
(11) Subsections (1), (2) and (3) do not apply to the regional municipalities of Hamilton-Wentworth, Ottawa-Carleton and Waterloo, subsections (6), (7),(8) and (9) do not apply to the regional municipalities of Niagara and Ottawa-Carleton and subsection (10) does not apply to The Regional Municipality of Ottawa-Carleton.
Commencement
5. This Act comes into force on the day it receives Royal Assent.
Short title
6. The short title of this Act is the Regional Municipality of Waterloo Amendment Act, 1997.