Phone: (519) 867-2021
MEETING TO BE CONSIDERED: Monday, February 7, 2022
DATE: January 27, 2022
TO: Mayor Steve Arnold & St. Clair Township Council
John Rodey, CAO
FROM: Jeff Baranek, Clerk
RE: Important Dates and Lame Duck Status for 2022 Municipal Election
Recommendation: Be it resolved that the Important Dates and Lame Duck Status for 2022 Municipal Election report submitted by Clerk Jeff Baranek be received and that draft Bylaw 7 of 2022 being a bylaw to delegate the authority to exercise the powers limited by Section 275 of the Municipal Act to the CAO in the event of a Lame Duck Council be considered for approval.
Important Dates for the 2022 Municipal Election
Changes have been made to the Municipal Elections Act, and as such, the Nomination Period has been shortened. For those interested in running for a position on Council, for Lambton Kent District School Board Central Lambton School Board Trustee; or for St. Clair Catholic District North and Central Lambton School Board Trustee the first day you can file your nomination papers is May 2, 2022. The final day to file your nomination for any office noted above, known as Nomination Day, is August 19, 2022. Election Day is October 24, 2022.
May 2, 2022 First Day to file Nominations with the Clerk
August 19, 2022 Nomination Day – Nominations close at 2:00 p.m.
August 19, 2022 Final Day to withdraw a Nomination
October 24, 2022 Election Day
November 21, 2022 Inaugural Meeting of New Council
Lame Duck Council
According to Section 275 of the Municipal Act, a Council becomes Lame Duck when it is possible after Nomination Day that less than three quarters of the sitting Council can return after Election Day. In the case of St. Clair Township, if two or more sitting members of Council opt not to seek re-election, or run for a different office, Council becomes Lame Duck and their power to exercise normal powers becomes restricted.
Section 275(3) of the Municipal Act prohibits a Lame Duck Council from:
(a) the appointment or removal from office of any officer of the municipality;
(b) the hiring or dismissal of any employee of the municipality;
(c) the disposition of any real or personal property of the municipality which has a value exceeding $50,000 at the time of disposal; and
(d) making any expenditures or incurring any other liability which exceeds $50,000. 2001, c. 25, s. 275 (3); 2006, c. 32, Sched. A, s. 114 (1).
Draft Bylaw 7 of 22 delegates the above noted authority to the CAO in the event Township Council becomes Lame Duck, which would run from August 20 through November 21, being the first meeting of the new Council.
During the past election year, former Ward 2 Councillor Darrell Randell opted not to seek re-election; former Ward 1 Councillor Jeff Agar ran for the Mayor’s office; and former Ward 2 Councillor Steve Miller successfully ran for Deputy Mayor. As such, Council was in a Lame Duck situation. Without a Bylaw similar Draft Bylaw 7 of 2022, neither Council nor the CAO would have been able to exercise the powers identified above by Section 275(3) of the Municipal Act.
It is for the above reasons that I recommend consideration for Draft Bylaw 7 of 2022 delegating these powers to our CAO in the event of a Lame Duck Council for 2022.
St. Clair Parkway Golf
Planning & Zoning
St. Clair Community Services
Preauthorized Utility Billing Form
Preauthorized Tax Change Form
Preauthorized Tax Form
Dog Tag Form
St. Clair River Trail
Heritage St. Clair
Open Burn Permit
Development Charges By-Law
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