2018 Municipal Elections: Candidate and Third Party Information Session 1 April 19, 2018

Transcription

1 2018 Municipal Elections: Candidate and Third Party Information Session 1 April 19, 2018 M. Rick O Connor City Clerk & Solicitor Tyler Cox Manager, Legislative Services Milan Stevanovic - Program Manager, Elections

2 Disclaimer This presentation is prepared for information purposes only and is not meant to replace legislation. It provides an overview of the relevant legislation, municipal by-laws and policies. Reference should always be made to relevant legislation, by-laws and policies. 2

3 Presentation Overview General Information The Municipal Elections Act, 1996 and Recent Amendments Voting Dates and Times Offices for Nomination Roles and Responsibilities of Elected Officials Term of Office and Remuneration Eligibility Requirements Nomination Process for Candidates Information Regarding Third Party Advertisers Campaign Finances Contribution Rebate Program Candidate Advertisements Third Party Advertisements Campaigning and Election Signs Accessible Elections Accessible Campaigns Voters List Additional Resources Next Steps 3

4 General Information 4

5 The Municipal Elections Act, 1996 ( MEA ) The MEA governs the conduct of municipal and school board elections in Ontario. In addition to setting out rules for candidates, third parties and electors, it also sets out rules for the administration of elections. Significant changes were made to the Municipal Elections Act, 1996 after the 2014 Municipal Elections. 5

6 Amendments to the MEA Following the latest review of the MEA, a number of amendments were made by: Bill 68, the Modernizing Ontario s Municipal Legislation Act, 2017; Bill 181, the Municipal Elections Modernization Act, 2016; and Bill 154, Cutting Unnecessary Red Tape Act, It is the responsibility of each candidate and third party to ensure compliance with all legislative provisions relevant to the municipal elections process. Candidates and third parties are encouraged to familiarize themselves with the legislation and the 2018 Candidates and Third party advertisers guide for Ontario municipal and school board elections. 6

7 2018 Municipal Elections Voting Dates and Times Voting will take place from 10 a.m. to 8 p.m. on: Special Advance Voting October 4, 5, 6 and 7, 2018 Advance Voting October 12, 2018 Voting Day October 22,

8 Offices for Nomination Eligible individuals may consider running for one of the following offices: Mayor - one elected at large City councillor one elected per ward, 23 wards School board trustee - one elected per zone, 37 zones o Ottawa-Carleton District School Board; o Ottawa Catholic School Board; o Conseil des écoles publiques de l'est de l'ontario; and o Conseil des écoles catholiques du Centre-Est. 8

9 Role of Council To represent the public and to consider the well-being and interests of the municipality; To develop and evaluate the policies and programs of the municipality; To determine which services the municipality provides; To ensure that administrative and controllership policies, practices and procedures are in place to implement the decisions of council; To ensure the accountability and transparency of the operations of the municipality, including the activities of senior management of the municipality; To maintain the financial integrity of the municipality; and To carry out the duties of council under this or any other Act. (Summary of s. 224 of the Municipal Act, 2001) 9

10 Role of the Mayor To act as chief executive officer of the municipality; To preside over council meetings so that its business can be carried out efficiently and effectively; To provide leadership to council; To represent the municipality at official functions; and To carry out the duties of the head of council under the Municipal Act or any other Act. (Summary of s. 225 of the Municipal Act, 2001) 10

11 Role of a School Board Trustee School board trustees are members of the school board. Their duties are legislated in the province's Education Act. Pursuant to the Education Act, only the elected board has the power to make decisions. Trustees do not have individual authority, but do have an important role to play as members of the board, including: Working in partnership with school councils; Explaining the policies and decisions of the board to community residents; and Supporting and encouraging public education. Source: 11

12 Term of Office and Remuneration The Term of Council begins on December 1, 2018 and ends on November 14, Salaries (2018 remuneration): City Councillors - $103, per year Mayor - $185, per year Remuneration for school board trustees varies by board; Contact local school boards for more information. 12

13 Eligibility Requirements A person is eligible to be a candidate for mayor or councillor if they are: A resident of the City of Ottawa, or an owner or tenant of land in the City of Ottawa, or the spouse of such an owner or tenant; A Canadian citizen; At least 18 years old; and Not legally prohibited from voting. A person is eligible to be a candidate for school board trustee if they are: A Canadian citizen; At least 18 years old; A resident within the board's area of jurisdiction; A supporter of that school board; and Not legally prohibited from voting. A candidate must remain qualified throughout the election and if elected, throughout the term of office. 13

14 Eligibility Requirements (cont d) Who is not eligible to run for municipal office? Any person not eligible to vote in the municipality; An employee of the municipality (unless a leave of absence is taken before nomination and the employee resigns if elected); A judge of any court; A member of the Ontario Legislature, Senate or House of Commons; and A candidate who failed to file the necessary financial statement(s) in the last municipal election. 14

15 Eligibility Requirements (cont d) Who is not eligible to run for school board trustee? An employee of the school board unless they take an unpaid leave of absence beginning the day they are nominated and resign if elected to the office; A clerk, treasurer, deputy-clerk or deputy-treasurer of any municipality within the area of jurisdiction of the school board except those on an unpaid leave of absence; A member of the Provincial Legislature, the Federal House of Commons or Senate who has not resigned from their office by the close of nominations; and A candidate who failed to file the necessary financial statement(s) in the last municipal election. 15

16 Nomination Process for Candidates 16

17 Nomination Period Candidates can file their nomination for the office of mayor, councillor or school board trustee starting Tuesday, May 1, 2018 as of 8:30 a.m. The deadline for candidates to submit their nomination is Friday, July 27, 2018, at 2 p.m. The Clerk must certify nominations by 4 p.m. on July 30,

18 Nomination Process To become a candidate for the office of mayor, councillor or school board trustee, candidates must file a prescribed Nomination Paper Form 1. It must be filed by the candidate or by an agent acting on the candidate s behalf, in person, at the City of Ottawa Elections Office or by appointment with the Clerk at the Office of the City Clerk and Solicitor during regular office hours (8:30 a.m. 4:30 p.m.). On July 27, 2018 (Nomination Day) the Clerk may only accept nominations from 9 a.m. to 2 p.m. The Clerk may require candidates to show proof of eligibility or fill out a declaration that the individual is eligible to run. 18

19 Nomination Process (cont d) NEW for 2018: Endorsement of Nominations for Mayor or Councillor Nomination Papers for candidates running for the office of mayor and city councillor must be submitted with an Endorsement of Nomination Form 2 that includes a declaration of qualification from at least 25 eligible electors endorsing their nomination. The Clerk is entitled to rely upon the information filed by the candidate. 19

20 Nomination Process (cont d) Filing Fees Candidates must pay a filing fee at the time of filing (by cash, debit, credit card, certified cheque or money order) when they submit their nomination papers. The filing fee for a candidate running for mayor is $200. The filing fee for a candidate running for city councillor or school board trustee is $100. Note: If you file your nomination at the Office of the City Clerk and Solicitor, the filing fee must be paid by cash, certified cheque or money order. 20

21 Nomination Process (cont d) Deadline for Withdrawal of Nomination The deadline to withdraw a nomination is Friday, July 27, 2018, at 2 p.m. A withdrawal of nomination must be submitted in writing with the original signature of the candidate, and in person by the candidate or their agent to: The City of Ottawa Elections Office; or By appointment with the Clerk at the Office of the City Clerk and Solicitor. Proof of identity of the candidate or, if applicable, their agent, must be presented when filing the withdrawal. 21

22 Nomination Process (cont d) Things Needed for Filing Nomination Papers: A completed Nomination Paper Form 1; A completed Endorsement of Nomination Form 2 (only applicable to candidates running for the office of mayor and councillor); Filing fee; and Proof of identity. A list of candidates running in the election will be regularly updated and available on the City of Ottawa s Elections website at: 22

23 Information Regarding Third Party Advertisers 23

24 What is a Third Party Advertisement? The MEA defines a third party advertisement as an advertisement in any broadcast, print, electronic or other medium that promotes, supports or opposes a candidate in the election, or, a "yes" or "no" answer to a question on the ballot. Third party advertising is separate from any candidate s campaign, and must be done independently from a candidate. Individuals and entities wishing to conduct third party advertising in the City of Ottawa must register with the Clerk before they can begin advertising. 24

25 Who can Register as a Third Party Advertiser? The following persons and entities are eligible to file a Notice of Registration Third Party with the Clerk: An individual who is normally a resident in Ontario; A corporation that carries on business in Ontario; and A trade union that holds bargaining rights for employees in Ontario. Note: If a third party wants to advertise in more than one municipality, they have to register in each municipality. 25

26 Who cannot Register as a Third Party Advertiser? The following persons and entities are not eligible to file a Notice of Registration Third Party: A candidate whose nomination has been filed under section 33; A federal political party registered under the Canada Elections Act (Canada) or any federal constituency association or registered candidate at a federal election endorsed by that party; A provincial political party, constituency association, registered candidate or leadership contestant registered under the Election Finances Act; The Crown in right of Canada or Ontario, a municipality or a local board; and Any group or association that is not a corporation. 26

27 Registration Period and Process Individuals and entities may file a Notice of Registration Third Party during regular office hours at the City of Ottawa Elections Office starting Tuesday, May 1, 2018, at 8:30 a.m. There is no filing fee for third party advertisers. The deadline for an individual, corporation or trade union to submit a Notice of Registration Third Party is Friday, October 19, 2018, at 4:30 p.m. A list of registered third party advertisers will be regularly updated and available on the City of Ottawa s Elections website at: 27

28 The Restricted Period Third party advertisements may begin on the earliest day that an individual, corporation or trade union is allowed to file a notice of registration as a third party advertiser and ends at the close of voting on Voting Day. This period is also known as the restricted period. For the 2018 Municipal Elections, the restricted period for third party advertisements is May 1, 2018 until the close of voting on October 22,

29 Campaign Finances 29

30 Campaign Finances Candidates and third party advertisers are ultimately responsible for all matters relating to their campaign finances. Candidates and third party advertisers cannot receive contributions, incur campaign expenses or begin advertising until they have filed their nomination papers or notice of registration with the Clerk. Candidates and third party advertisers are required to keep complete and accurate financial statements during the course of their campaign. 30

31 Candidate Campaign Period Candidates may accept contributions or incur campaign expenses during their campaign period only. A campaign period begins the day a candidate files their nomination paper and ends on December 31, Exceptions are if a candidate: Withdrew their nomination: The campaign ends on the date the candidate withdrew their nomination with the Clerk. Was not certified as a candidate and their name did not appear on the ballot: The campaign ends on July 27, Knows they will not have any more financial activity: A candidate can end their campaign at any time after Voting Day and before December 31,

32 Candidate Campaign Period (cont d) If a candidate extends their campaign, the end date for the extended campaign period will be the earliest of: The day a candidate notifies the Clerk in writing that they will be ending their campaign and no longer accepting contributions; or June 30,

33 Registered Third Party Advertising Campaign Period A registered third party can only accept contributions or incur campaign expenses during their advertising campaign period. The advertising campaign period begins on the day the individual, corporation or trade union is registered as a third party advertiser (not before May 1, 2018) and ends on December 31, If the advertising campaign has a deficit, the third party can extend their campaign in order to fundraise. 33

34 Registered Third Party Advertising Campaign Period (cont d) The end date for the extended advertising campaign period will be the earliest of: The day a third party notifies the Clerk in writing that they will be ending their advertising campaign and no longer accepting contributions; or June 30,

35 Campaign Bank Accounts New for 2018: Rules for Campaign Bank Accounts Candidates and third parties are not required to open a campaign bank account if they do not receive contributions or incur campaign-related expenses. 35

36 Candidate Campaign Bank Accounts Candidates must open a bank account exclusively for their campaign, if they accept any contributions of money (including contributions from yourself and your spouse) or incur any expenses. If a candidate receives contributions of goods or services but no contributions of money, they do not have to open a campaign bank account. Candidates cannot use their personal bank account for campaign finances. All contributions must be deposited into the campaign bank account. All expenses must be paid for from the campaign bank account. 36

37 Third Party Advertising Campaign Bank Accounts Every third party must open a bank account exclusively for the advertising campaign. An individual cannot use an existing personal bank account for campaign finances. A corporation or trade union may not use an existing account for campaign finances. All contributions, including contributions a third party makes to itself, must be deposited into the campaign bank account. All expenses must be paid for from the campaign bank account. 37

38 What is a Contribution? Campaign contributions are any money, goods or services that are given to the candidate or third party for use in their campaign, including money and goods they contribute to their own campaign. 38

39 Who Can Make a Contribution to Candidates? Candidates can accept contributions from: Individuals who are normally residents in Ontario; and The candidate and their spouse. o Note: If the spouse is not usually a resident of Ontario, they can still make a contribution to their spouse s campaign. 39

40 Self-Funding Limit for Municipal Council Candidates New for 2018: Contributions by a Candidate and/or their spouse There is a new limit on a total amount a candidate and their spouse may collectively contribute to their own campaign. This formula is calculated based on the number of electors eligible to vote for the Office; For mayor, the formula is: $7, cents per elector for; with a cap of $25,000; For councilor, the formula is: $5, cents per elector, with a cap of $25,000. These contributions must be deposited into the campaign account, a receipt provided and contributions reported on the financial statement. Note: This limit does not apply to school board trustee candidates. 40

41 Who Can Make a Contribution to Third Parties? Third parties can accept contributions from: Any person who is a resident in Ontario; Corporations who carry on business in Ontario; Trade unions that hold bargaining rights for employees in Ontario; and The registered third party and, in the case of an individual, his or her spouse. 41

42 Self-Funding for Third Parties There is no limit on how much a third party (and, if the third party is an individual, their spouse) can contribute to their own advertising campaign. Note: Third parties are subject to spending limits. 42

43 Who Cannot Make Contributions to Candidates? New for 2018: Ban on Corporate and Trade Union Contributions Bill 181 amended the MEA to prohibit corporate and trade union contributions to candidates for mayor, councillor and school board trustees. However, the legislation permits corporate and trade union contributions to individuals or organizations registered as a third party advertiser. 43

44 Who Cannot Make Contributions to Candidates? (cont d) An individual who is not normally a resident in Ontario; A federal political party, constituency association, or a registered candidate in a federal election; A provincial political party, constituency association, or a registered candidate or leadership contestant; and A federal or provincial government, a municipality or a school board. 44

45 Who Cannot Make Contributions to Third Parties? A federal political party, constituency association, or a registered candidate in a federal election; A provincial political party, constituency association, or a registered candidate or leadership contestant; and A federal or provincial government, a municipality or a school board. 45

46 Contribution Limits New for 2018: Changes to Contribution Limits Bill 68 amended the contribution limit to a single candidate or third party advertiser from $750 to $1,200. New for 2018: Requirement to inform contributors of limits Candidates and third parties must inform their contributors of the MEA s two contribution limits: An individual may not contribute more than $1,200 to a candidate or third party; and An individual may not contribute more than a total of $5,000 to two or more candidates for offices on the same municipal council or local board. The maximum total amount that a contributor can give to third parties registered in the same municipality is $5,

47 Contribution Receipts Contribution receipts must be issued for every contribution a candidate or third party receives. The receipt should show: Who made the contribution; The date; and The value. If a candidate or third party receives a cheque from a joint personal account, the receipt must be issued only to the person who signed the cheque. 47

48 Contribution Receipts (cont d) You are required to list the names and addresses of every contributor who gives more than $100 in total to your campaign in your financial statement. Candidates and third parties should keep a record of the names and addresses of every contributor, regardless of the value of their contribution, because the same contributor may make multiple contributions that end up totalling more than $100. Note: Contribution receipts are not tax receipts. 48

49 Ineligible Contributions The following contributions are ineligible: Made outside your campaign period; From an anonymous source (except for cash donations of $25 or less at a fundraising event); From an ineligible source (e.g. someone who doesn t live in Ontario, etc.); Greater than the $1,200 limit or the $5,000 total limit; A cash contribution greater than $25; and From funds that do not belong to the contributor who gave them to you. Ineligible contributions must be returned as soon as the candidate or third party learns it is ineligible. If the contribution cannot be returned, it must be turned over to the Clerk. 49

50 New Responsibilities for the Clerk The Clerk is now responsible for reviewing contributions reported on candidate and third party financial statements. The Clerk must report findings on apparent non-compliance by contributors to the Election Compliance Audit Committee. 50

51 General Spending Limit for Municipal Council Candidates Candidates are subject to two spending limits: A general spending limit; and A separate limit for expenses relating to parties and expressions of appreciation after voting day. General Spending Limits The general spending limit is calculated based on the number of electors who are eligible to vote for the office the candidate is running for; For the head of council: $7,500 plus $0.85 per eligible elector. For councillors or trustees: $5,000 plus $0.85 per eligible elector. 51

52 General Spending Limit for Municipal Council Candidates (cont d) New for 2018: Spending Limits for Post-Election Parties and Expressions of Appreciation There is a separate spending limit for candidates for expenses related to parties and expressions of appreciation after the close of voting. This limit is calculated as ten percent of the amount of your general spending limit. The Clerk will provide initial general spending limits to candidates upon filing their nomination. The final general spending limit and the spending limit for post-election parties and expressions of appreciation will be provided to candidates on or before September 25, The Clerk s calculation of the spending limits is final. 52

53 Spending Limits for Third Parties Third parties are subject to two spending limits: A general spending limit; and A separate limit for expenses relating to parties and expressions of appreciation after voting day. General Spending Limit The general spending limit is calculated based on the number of electors who are eligible to vote in the municipality where the third party is registered; The formula to calculate the limit is $5,000 plus $0.05 per eligible elector, to a maximum of $25,

54 Spending Limits for Third Parties (cont d) New for 2018: Spending Limits for Post-Election Parties and Expressions of Appreciation There is a separate spending limit for third parties for expenses related to parties and expressions of appreciation after the close of voting. This limit is calculated as ten percent of the amount of your general spending limit (up to $2,500). The Clerk will provide an initial general spending limit to third parties upon registration. The final general spending limit and the spending limit for post-election parties and expressions of appreciation will be provided to third parties on or before September 25, The Clerk s calculation of the spending limits is final. 54

55 Campaign Expenses For the purposes of the Municipal Elections Act, 1996, the following are considered campaign expenses: Candidate expenses: costs incurred for goods or services by or under the direction of a candidate wholly or partly for use in their election campaign. Third party advertiser expenses: costs incurred by or under the direction of an individual, corporation or trade union for goods or services for use wholly or partly in relation to third party advertisements that appear during an election in a municipality. 55

56 Other Changes to Campaign Finances The nomination fee is no longer considered to be a campaign expense, it is now considered a personal expense. Candidates are entitled to receive a refund of the nomination fee if they file their financial statement and auditor s report by the filing deadline (Friday, March 29, 2019 by 2 p.m.). After the 2018 Municipal Elections, candidate campaign deficits can no longer be carried forward from the previous election. Candidate and third party expenses related to the preparation of the auditor s report, where one is required, that accompanies the financial statement can be incurred after December 31,

57 Contribution Rebate Program 57

58 Contribution Rebate Program Section of the MEA provides that a municipality may pass a by-law to allow for the payment of rebates to individuals who contribute to candidates for an office on municipal council. The City of Ottawa s By-law No authorizes the payment of rebates to individuals who make contributions to candidates running for municipal council, who participate in the program. 58

59 Contribution Rebate Program (cont d) To participate in the program, candidates must submit a completed Contribution Rebate Program Application form to the Elections Office. Note: The application form will be provided to candidates when they file their nomination. Candidates may apply for the program at any time between the time they file their nomination and Nomination Day. The deadline to apply for the program is July 27, 2018 at 2 p.m. Individuals who make contributions to candidates are eligible for a rebate only once the candidate has applied for the contribution rebate program. Individuals who make contributions to candidates can only receive a rebate if: The candidate, to whom the contribution was made, signed up to participate in the program; and Complied with the provisions of By-law No

60 Complying with the Contribution Rebate Program By-law Candidates for mayor and councillor must: Issue a receipt, in the form prescribed by the Clerk, for each contribution made under the rebate program; File a financial statement and auditor s report, including copies of receipts for all contributions; and Have an auditor confirm the candidate has not exceeded their spending limit. The Clerk will review the receipt filed by the contributor and the copy of the receipt filed by the participating candidate to ensure consistency. The Clerk may request further information from the contributor or participating candidate to determine whether a rebate may be made in accordance with the by-law. 60

61 Contribution Rebate Eligibility Only contributions of $25.01 or more are eligible for a rebate. Note: Contributions over $25 cannot be made in cash. Contributions in the form of goods or services are not eligible for a rebate. A candidate, their spouse and their dependent child(ren) are not eligible to receive a rebate. 61

62 How is a Rebate Calculated? If the contribution is equal to or greater than $25.01 and not more than $100, the rebate is 50% of the total contribution. If the contribution is greater than $100, the rebate is $50 plus 25% of the amount by which the contribution exceeds $100. The maximum rebate to an individual is $75. 62

63 Examples of Rebate Amounts Sample calculations Total Contribution Rebate $25.00 or less $0 $25.01 $12.51 $50.00 $25.00 $ $50.00 $ $62.50 $ $1,200 $

64 Candidate Advertisements 64

65 What is a Candidate Advertisement? The MEA defines a candidate s election campaign advertisement as an advertisement in any broadcast, print, electronic or other medium purchased or directed by a candidate that promotes or supports their election. Campaign advertising may begin on the earliest day that an individual can file their nomination (May 1, 2018). Candidates can only begin advertising once they have filed their nomination with the Clerk. 65

66 Candidate Advertisements (cont d) Mandatory Information in Candidate Advertisements Candidate advertisements purchased by or under the direction of a candidate must identify the candidate. Mandatory Information for Broadcasters and Publishers for a Candidate Advertisement A candidate must provide broadcasters and publishers with the following information in writing before the broadcaster or publishers can allow the advertisement to appear: The name of the candidate; and The name, business address and telephone number of the individual who deals with the broadcaster or publisher under the candidate's direction. 66

67 Third Party Advertisements 67

68 What is a Third Party Advertisement? As previously noted, the MEA defines a third party advertisement as an advertisement in any broadcast, print, electronic or other medium that promotes, supports or opposes a candidate in the election, or, a "yes" or "no" answer to a question on the ballot. Advertisements include traditional ads as well as materials such as brochures or signs. Third party advertisements may appear during the restricted period; Advertisements can begin on the earliest day that an individual, corporation or trade union is allowed to file a notice of registration as a third party advertiser (May 1, 2018); and They must end at the close of voting on Voting Day (October 22, 2018). Note: Third party advertising may not begin until the third party has registered with the Clerk. 68

69 Third Party Advertisements (cont d) Mandatory Information in Third Party Advertisements Third party advertisements must identify: The name of the third party advertiser; The municipality where they are registered; and Their contact information (a telephone number, mailing address or address) where the third party may be contacted regarding the advertisement. 69

70 Third Party Advertisements (cont d) Mandatory Information for Broadcasters and Publishers for a Third Party Advertisement Third party advertisers must provide broadcasters and publishers with the following information in writing before the broadcaster or publishers can allow the advertisement to appear: The name of the registered third party advertiser; The municipality where the registered third party advertiser is registered; and The name, business address and telephone number of the individual who deals with the broadcaster or publisher under the registered third party advertiser's direction. 70

71 What is Not a Third Party Advertisement? Activities that do not involve spending money, such as discussions or expressing an opinion about a candidate are not considered to be third party advertising. Examples include: Speaking to friends and neighbours; Posting on social media, such as Twitter, Facebook or Instagram; Sending an to a group or mailing list; Internal communications from an employer to their employees, a corporation to its shareholders, directors, members or employees or by a trade union to its members or employees; and Advertising about an issue, rather than a candidate or a yes or no answer to a question on the ballot. 71

72 Municipal Authority to Remove Advertisements In accordance with Section 88.7, if the municipality is satisfied that there has been a contravention of the MEA, the municipality may require the advertisement be removed or discontinued. 72

73 Campaigning and Election Signs 73

74 Election Signs Election sign means a temporary sign that supports or opposes a candidate, a political party, or a yes or no answer to a question on the ballot in a municipal, school board, public utility company, provincial or federal election. 74

75 Access to Multi-Residential Buildings New for 2018: A candidate or their representative may access apartment buildings, condominiums, non-profit housing co-ops or gated communities from 9 a.m. to 9 p.m. for the purposes of campaigning. 75

76 Display of Campaign Signs New for 2018: Owners or tenants of apartments, condominiums and other multi-unit residential properties can display a campaign sign on the premises of their unit. However, a landlord, person, condominium corporation or agent may set out reasonable conditions with respect to the size and type of sign that can be displayed. A landlord, person, condominium corporation or agent may also prohibit campaign signs in the common areas of the property. 76

77 Rules Regarding Election Signs The City of Ottawa has two By-laws which outline the parameters for signs on public and private property: 1. By-law Signs on City Roads; and 2. By-law Temporary Signs on Private Property. The By-laws include rules regarding: The timing and placement of signs; and Timing of their removal. 77

78 Rules Regarding Election Signs (cont d) Election signs do not require a permit but must comply with general restrictions so that no sign: Creates a traffic hazard by impeding a pedestrian or driver s view of a traffic sign, an intersection or railway grade crossing; Creates a physical obstruction or safety hazard for either a pedestrian or operator of a vehicle; Interferes with pedestrian or vehicular traffic; Impedes parking or access, or obstructs a legally required parking space; Obstructs a window, door or fire escape; or Contacts or interferes with any electrical light, power cable or telephone system. Signs shall not be affixed to a tree, lamp post, sign post or stationary vehicle. 78

79 Election Signs on Private Property The first day an election sign can be placed on private property is August 23, Temporary Signs on Private Property By-law - City of Ottawa By-law No , as amended, states: No person or entity shall place or cause to be placed or allow to remain placed an election sign more than sixty (60) days immediately preceding the election date. Dimension requirements [By-law ] do not apply to an election sign. 79

80 Election Signs on Public Property The first day an election sign can be placed on public property is September 22, Signs on City Roads By-law - City of Ottawa By-law No , as amended, states: No person shall place an election sign on a highway other than on an inner boulevard, provided that the sign is not placed more than thirty (30) days immediately preceding the election date. No election sign is to be placed within fifty (50) centimetres of a sidewalk, or where there is no sidewalk, within two (2) metres of the roadway or within fifty (50) centimetres of the edge of a shoulder where such exists. 80

81 Election Signs (cont d) Every election sign must be removed from the premise within forty-eight (48) hours following the election date; Election signs shall not pose a line of sight issue; and Signs placed in medians will be pro-actively removed. 81

82 Election Sign Enforcement No person shall remove a sign that has been lawfully placed other than persons authorized to do so under the City s by-laws. Contact with all sign related complaints and/or inquiries. Contact the National Capital Commission (NCC) for restrictions of signs on NCC lands and the Ministry of Transportation of Ontario (MTO) for restrictions on provincial highways. 82

83 Accessible Elections 83

84 Accessibility and the MEA Electors and candidates with disabilities 12.1 (1) A clerk who is responsible for conducting an election shall have regard to the needs of electors and candidates with disabilities. 2009, c. 33, Sched. 21, s. 8 (8). Plan re barriers (2) The clerk shall prepare a plan regarding the identification, removal and prevention of barriers that affect electors and candidates with disabilities and shall make the plan available to the public before voting day in a regular election. 2016, c. 15, s. 11. Report (3) Within 90 days after voting day in a regular election, the clerk shall prepare a report about the identification, removal and prevention of barriers that affect electors and candidates with disabilities and shall make the report available to the public. 2016, c. 15, s

85 Accessibility Tools and Initiatives for the 2018 Municipal Elections Elections Office staff conduct site visits to assess the accessibility of each voting place; An accessibility checklist has been developed to identify, prevent and remove barriers for electors, election workers and candidates with disabilities. Accessible voting tools available at every voting place: Large print ballot; Braille listings of candidates; Braille ballot templates; Access to a cell phone with Elections call centre staff on standby; and Magnifying sheet. 85

86 Accessibility Tools and Initiatives for the 2018 Municipal Elections Curbside voting If an elector is physically unable to go inside the voting place, they can request to have their ballot brought to their vehicle, outside of the building or to another area within the voting place. A friend or support person will need to go inside the voting place to let the election officials know that they require curbside voting. 86

87 Accessible Vote Tabulator Electors are offered a minimum of five (5) opportunities to vote using an Accessible Vote Tabulator (AVT): Special Advance Voting: October 4, 5, 6 and 7, 2018 Advance Voting Day: October 12, 2018 AVT will also be available in voting places in seniors residences and long-term care facilities. 87

88 Accessible Vote Tabulator (cont d) The AVT allows electors with disabilities to mark and cast their ballot privately and independently. Its features include: A braille keypad; L-R paddles (colour-coded left and right paddles); A sip-puff device; Bilingual audio through headphones; and Bilingual visual support through a 19-inch screen with zoom and high contrast features. 88

89 Accessible Vote Tabulator (cont d) 89

90 Accessible Vote Tabulator (cont d) 90

91 Online Elections Tools Three online elections tools will be available to the public: Where do I vote? will be available as of September 1, 2018; This tool allows electors to search voting places available to them for each voting event. Am I on the Voters List? will be available as of September 1, 2018; This tool allows electors to verify their information on the voters list; Electors can add or amend their information online between September 1 and 15, Note: Removing a name from the voters list may not be completed online. Election Worker Application will be available in the coming weeks; This tool allows individuals interested in working at a voting place the opportunity to apply online. Recruitment will be open until July 2,

92 Accessible Campaigns 92

93 Accessible Campaigns It is important that candidates and third parties also consider accessibility and ensure equal opportunity for all electors in accessing information and interacting with candidates and third parties. 93

94 Accessible Campaigns (cont d) Candidates and third parties may consider including: Key pieces of print media available in multiple formats, such as braille, large print, etc.; Accessible provisions for campaign websites; Subtitles for video communications; and Communicating whether or not a candidate s campaign office is accessible. 94

95 Accessible Campaigns (cont d) Consider choosing an accessible campaign office with: Accessible parking; Curb cuts, ramps and wide sidewalks to allow access to the entrance for those using scooters, wheelchairs or service animals; Signage that is easy to see and understand; Seating; Accessible washrooms; and Automatic doors or doors that are easy to open (e.g. levers instead of door knobs). 95

96 Accessible Campaigns (cont d) Consider training for staff and/or volunteers on providing customer service for people with disabilities. For more information, consult the Candidates Guide to Accessible Elections, published by AMCTO and the Province of Ontario. 96

97 Voters List 97

98 Voters List During the election cycle, the Municipal Property Assessment Corporation (MPAC) is responsible for preparing the preliminary list of eligible electors for each municipality and school board in Ontario. MPAC uses their database of both property owners and tenants to prepare this preliminary list, which is used in the preparation of the final voters list for Voting Day. The preliminary list of electors is sent to the Clerk on July 31,

99 Voters List (cont d) Once reviewed by the Clerk, the preliminary list of electors becomes the voters list on September 1, The Clerk determines how and when individuals can apply to have their name and information added, amended or removed from the voters list. An elector s name shall appear only once on the voters list. 99

100 Voters List (cont d) As of September 1, 2018, an eligible elector may add or amend their name on the voters list by: Submitting an Application to Add or Amend my Information on the Voters List form to the Clerk by mail, , fax or in person at any Client Service Centre, the Office of the City Clerk and Solicitor, or the Elections Office; or by Using the online tool Am I on the Voters List? on ottawa.ca/vote to add or amend a name on the voters list from September 1 to 15,

101 Voters List (cont d) The last day an individual may make an application to add or amend their information on the voters list to receive a voter notification letter is September 15,

102 Voters List (cont d) As of September 1, 2018, electors may remove a name from the voters list by: Submitting an Application to Remove a Name from the Voters List form to the Clerk by mail, , fax or in person at any Client Service Centre, the Office of the City Clerk and Solicitor, or the Elections Office. Electors may contact the Elections Office with any questions regarding removing the name of a deceased person. 102

103 Voters List (cont d) As of September 4, 2018, candidates may obtain a copy of the voters list upon written request to the Clerk. Candidates are entitled only to the portion of the list that contains the names of the electors eligible to vote in their ward. The clerk may require anyone who receives a copy of the list to sign a receipt acknowledging the list is to be used for election purposes only. Any other use would be in violation of the MEA. The voters list shall not be posted in a public place, or made available to the public through any print or electronic medium. Third party advertisers are not eligible to receive a copy of the voters list. 103

104 Not on the Voters List on Voting Day? An elector s name does not have to appear on the voters list in order for them to cast a vote. An Application to Add or Amend my Information on the Voters List can be completed at the voting place. Electors are required to present a piece of ID in order to receive a ballot at their voting place. However, electors who cannot present an acceptable piece of ID may complete the Declaration of Identity form at the voting place to receive their ballot and cast their vote. Note: Photo identification is not required. ID must show the elector s name and address only. 104

105 Resources 105

106 Contact Information City of Ottawa Elections Office 1221 B Cyrville Rd Ottawa, ON K1J 7S8 Tel: Fax: elections@ottawa.ca Office of the City Clerk and Solicitor 110 Laurier Ave West Ottawa, ON K1P 1J1 Tel: Ext Fax:

107 Contact Information Elections Office Website: ottawa.ca/vote Follow us on social Facebook: Elections Ottawa Élections Ottawa 107

108 Contact Information School Boards Ottawa-Carleton District School Board Ottawa Catholic School Board Conseil des écoles publiques de l'est de l'ontario Conseil des écoles catholiques du Centre-Est 108

109 Additional Resources Legislation Municipal Elections Act, 1996 Municipal Act, 2001 Education Act Accessibility for Ontarians with Disabilities Act, 2005 Guides 2018 Candidates guide for Ontario municipal council and school board elections 2018 Guide for third party advertisers - Ontario municipal council and school board elections 2018 Voters guide for Ontario municipal council and school board elections Municipal Elections Act Review 109

110 Additional Resources (con t) Prescribed Forms Nomination Paper (Form 1) Endorsement of Nomination (Form 2) Appointment of Voting Proxy (Form 3) Financial Statement - Auditor's Report - Candidate (Form 4) Financial Statement - Subsequent Expenses (Form 5) Notice of Extension of Campaign Period (Form 6) Notice of Registration - Third Party (Form 7) Financial Statement - Auditor's Report - Third Party (Form 8) Declaration of Identity (Form 9) 110

111 Additional Resources (con t) Reports Bill 181, the Municipal Elections Modernization Act, 2016 Changes to the Municipal Elections Act, 1996 Bill 68, the Modernizing Ontario s Municipal Legislation Act, 2017 Changes to the Municipal Act, 2001, the Municipal Conflict of Interest Act, and the Municipal Elections Act, Municipal Elections Report on Identification, Removal and Prevention of Barriers that Affect Electors and Candidates with Disabilities By-laws Contribution Rebate Program By-law No Signs on City Roads By-law No Temporary Signs on Private Property By-law No

112 Next Steps 112

113 Next Session The next information session will take place on Wednesday, August 8, 2018 from 6 to 8 p.m., at City Hall, Andrew S. Haydon Hall, 110 Laurier Ave West. Topics will include: Recap of Session 1; Election Signs and Reminders; Acceptable Forms of ID for Electors; Information on Vote Tabulators; Proxy Voting; Information Regarding Scrutineers; What to Expect on Voting Day; Display of Election Results; Closing your Campaign; Financial Statements; Compliance Audits and more. 113

114 Key Dates May 1, 2018 Nomination and Registration Period Begins First day for candidates to file a nomination paper for the office of mayor, councillor or school board trustee. First day for an individual, corporation, or trade union to file a notice of registration as a third party advertiser. July 27, 2018 Nomination Day Candidates have until 2 p.m. to file their nomination paper. A candidate who wishes to withdraw their nomination has until 2 p.m. to notify the Clerk by filing a written withdrawal. Nominations or withdrawals cannot be accepted after 2 p.m. 114

115 Key Dates (cont d) August 23, 2018 First day an election sign can be placed on private property. September 1, 2018 Voters List Revision Period Begins Copies of the voters list available to certified candidates upon written request. Electors may submit an application requesting that their information be updated or that their name be added or removed from the voters list. Am I on the Voters List? online tool is available, allowing electors to check if they are registered to vote and how their information is currently presented on the voters list. September 22, 2018 First day an election sign can be placed on public property. 115

116 Key Dates (cont d) September 25, 2018 Interim list of changes to the voters list to be provided to each certified candidate by this date. Final expense limits certificate to be provided to candidates and third parties by this date. October 4 to 7, 2018 Special Advance Vote Days First opportunity for electors to cast their ballot. Electors can cast their ballot at any one of six locations across the City between 10 a.m. and 8 p.m. Ballots for all wards will be available at all locations. October 12, 2018 Traditional Advance Vote Day Electors can cast their ballot in their wards between 10 a.m. and 8 p.m. 116

117 Key Dates (cont d) October 19, 2018 Last day for an individual, corporation, or trade union to file a notice of registration as a third party advertiser. Individuals, corporations, and trade unions have until 4:30 p.m. to file their notice of registration. October 22, 2018 Voting Day With the exception of institutions and retirement homes that may have reduced opening hours, voting places will open at 10 a.m. and close at 8 p.m. December 31, Campaign Period Ends Campaign period ends for candidates and registered third parties, meaning they cannot accept any contributions or incur any expenses. Candidates or registered third parties that wish to extend their campaign, due to a deficit, must file a Notice of Extension of Campaign Period - Form 6 by this date. 117

118 Key Dates (cont d) February 27, 2019 Last day for the Clerk to provide candidates and registered third parties with notice of the financial filing requirements and penalties. March 28, 2019 Last day for a candidate or registered third party to apply to Superior Court of Justice to extend the time to file the financial statement. March 29, 2019 Deadline for Filing Financial Statements By 2 p.m.: o Last day for all candidates and registered third parties to file a financial statement and auditors report for the reporting period ending December 31, o Last day for a candidate or registered third party to notify the Clerk in writing of a filing extension received from the Superior Court of Justice. 118

119 Key Dates (cont d) April 29, 2019 Last day (by 2 p.m.) for a candidate or registered third party to file a primary financial statement and pay $500 late filing fee. Penalties take effect at 2:01 p.m. June 27, 2019 Last day for an elector to apply for a compliance audit of a candidate or registered third party s campaign finances. July 2, End of the Supplementary Campaign Period Campaign period ends for candidates and registered third parties that extended their campaign, meaning they cannot accept any contributions or incur any expenses. 119

120 Key Dates (cont d) August 28, 2019 Last day for the Clerk to provide candidates and registered third parties with notice of the filing requirements and penalties for supplementary financial statements and auditor s reports. September 26, 2019 Last day for a candidate or registered third party to apply to Superior Court of Justice to extend the time to file the financial statement. September 27, Deadline for Filing Supplementary Financial Statements By 2 p.m.: o Last day for those who filed a Form 6 to extend the campaign period to file a financial statement and auditors report for the reporting period ending July 2, o Last day for a candidate or registered third party to notify the Clerk of a filing extension received from the Superior Court of Justice. 120