O. Reg. 410/00: TRANSITIONAL MATTERS - 2000 REGULAR ELECTION

 

ONTARIO REGULATION 410/00

made under the

Regional Municipality of Waterloo Act

Made: June 29, 2000
Filed: June 30, 2000

transitional matters — 2000 regular election

1. (1) This Regulation provides for transitional matters that affect the 2000 regular election in the City of Kitchener and the Township of Wilmot.

(2) This Regulation does not apply to school boards.

2. In this Regulation,

“key date” means July 14, 2000;

“new office” means an office on the council of the City of Kitchener or the Township of Wilmot as established by paragraph 2 or 5, as the case may be, of subsection 3 (1) of the Act (as enacted by subsection 23 (1) of the Direct Democracy Through Municipal Referendums Act, 2000) and by an order of the Minister made under subsection 6.3 (1) of the Act (as enacted by subsection 23 (3) of the Direct Democracy Through Municipal Referendums Act, 2000);

“old office” means, when used in reference to a new office, an office on the council of the City of Kitchener or the Township of Wilmot that exists on the date this Regulation is filed;

“ward order” means a Minister’s order made under section 6.3 of the Act (as enacted by subsection 23 (3) of the Direct Democracy Through Municipal Referendums Act, 2000).

3. (1) The clerk shall send to every candidate for an old office a notice,

(a) explaining the effect of the ward order on the regular election in the municipality;

(b) advising of the candidate’s right to file a nomination for a new office; and

(c) explaining the candidate’s options under section 4.

(2) If section 5 applies, the notice shall also inform the candidate of the fact and explain the options under that section.

(3) The notice shall be sent by registered mail or delivered personally, within 14 days after the key date.

4. (1) The rules set out in subsection (2) apply to a candidate for an old office who files a nomination for a new office no later than 28 days after the key date.

(2) The rules referred to in subsection (1) are:

1. The nomination filing fee paid with respect to the nomination for the old office shall be deemed to have been paid with respect to the nomination for the new office.

2. The campaign for the old office shall be deemed to form part of the campaign for the new office.

3. The election campaign period for the new office shall be deemed to have begun on the day the candidate was nominated for the old office and not as provided in section 68 of the Municipal Elections Act, 1996.

(3) The rules set out in subsection (4) apply to a candidate for an old office who does not file a nomination for a new office as described in subsection (1).

(4) The rules referred to in subsection (3) are:

1. The candidate’s election campaign period ends on the day that is 60 days after the key date, and not as provided in section 68 of the Municipal Elections Act, 1996.

2. The nomination for the old office shall be deemed to have been withdrawn on the day referred to in paragraph 1.

(5) Subsections (3) and (4) do not apply to a candidate who, before the day referred to in paragraph 1 of subsection (4), actually withdraws the nomination.

5. (1) If the electoral boundaries for an old office and for a new office are the same, a candidate for the old office shall be deemed to have been nominated for the new office, unless he or she files a nomination as described in subsection 4 (1).

(2) The rules set out in subsection 4 (2) apply to a candidate for the old office who is deemed to have been nominated for the new office.

Tony Clement

Minister of Municipal Affairs and Housing

Dated on June 29, 2000.