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Posted Mar 16, 2014, 9:41 PM
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National Capital Region
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Join Date: Nov 2005
Location: Eastern Ontario
Posts: 9,244
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Quote:
Originally Posted by Dado
For instance, why exactly did Olivia Chow have to resign as an MP? In the same vein, Jim Watson resigned from the cabinet as the Municipal Affairs and Housing Minister as well as MPP when he ran for the mayoralty of Ottawa in the last municipal election (and so too did George Smitherman, of course). I get resigning from a cabinet post but why resign as an MPP until you've actually been elected as mayor?
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It's specifically in Ontario law.. if they are in cabinet they must resign right away but if a regular MP/MPP etc they must resign by the end of nominations day (Sept 12, 2014 in this case).
I guess they just resign whenever they sign up for the election, since they'll have to resign eventually anyways and if they didn't opponents might accuse them of abusing their position or spending their provincial/federal paid time on campaigning... of course incumbent municipal politicians don't have this restriction e.g. Mayor Ford touring public housing passing out magnets
http://www.e-laws.gov.on.ca/html/sta...25_e.htm#BK311
Quote:
258. (1) The following are not eligible to be elected as a member of a council or to hold office as a member of a council: 1. Except in accordance with section 30 of the Municipal Elections Act, 1996,
i. an employee of the municipality,
ii. a person who is not an employee of the municipality but who is the clerk, treasurer, Integrity Commissioner, Auditor General, Ombudsman or registrar referred to in section 223.11 or an investigator referred to in subsection 239.2 (1) of the municipality, or
iii. a person who is not an employee of the municipality but who holds any administrative position of the municipality.
2. A judge of any court.
3. A member of the Assembly as provided in the Legislative Assembly Act or of the Senate or House of Commons of Canada.
4. Except in accordance with Part V of the Public Service of Ontario Act, 2006 and any regulations made under that Part, a public servant within the meaning of that Act. 2001, c. 25, s. 258 (1); 2006, c. 32, Sched. A, s. 110; 2006, c. 35, Sched. C, s. 86.
261. (1) Except where otherwise provided, no person may hold more than one office governed by the Municipal Elections Act, 1996 at the same time anywhere in Ontario. 2001, c. 25, s. 261 (1). Election void
(2) If a person is nominated for and his or her name appears on the ballots for more than one office and he or she is elected to any of those offices, his or her election is void and the office is vacant. 2001, c. 25, s. 261 (2).
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https://www.e-laws.gov.on.ca/html/st...m32_e.htm#BK40
Quote:
Who may be nominated
29. (1) A person may be nominated for an office only if, as of the day the person is nominated,
(a) he or she is qualified to hold that office under the Act that creates it; and
(b) he or she is not ineligible under this or any other Act or otherwise prohibited by law to be nominated for or to hold the office. 1996, c. 32, Sched., s. 29 (1); 2002, c. 17, Sched. D, s. 8 (1).
Certain persons eligible to be nominated
(1.1) Despite subsection (1) and despite section 258 of the Municipal Act, 2001, section 203 of the City of Toronto Act, 2006, section 9 of the Legislative Assembly Act and section 219 of the Education Act, a member of the Legislative Assembly of Ontario or the Senate or House of Commons of Canada is not ineligible to be nominated for an office in an election by virtue of being a member of any of those bodies but, if the person is a member of any of those bodies as of the close of nominations on nomination day of the election, the nomination shall be rejected by the clerk under section 35. 2002, c. 17, Sched. D, s. 8 (2); 2006, c. 32, Sched. C, s. 34 (1).
Exclusion
(1.2) Subsection (1.1) does not apply to a member of the Executive Council of Ontario or a federal Minister of the Crown. 2002, c. 17, Sched. D, s. 8 (2).
Nomination for one office only
(2) If a person who has been nominated for an office is nominated for another office to which this Act applies, the first nomination shall be deemed to have been withdrawn at the time the second nomination is filed. 1996, c. 32, Sched., s. 29 (2).
Name on ballot for more than one office
(2.1) Despite the fact that the first nomination is deemed withdrawn under subsection (2), if a person’s name appears on the ballots for more than one office to which this Act applies, section 261 of the Municipal Act, 2001 or section 206 of the City of Toronto Act, 2006, as the case may be, applies. 2002, c. 17, Sched. D, s. 8 (3); 2006, c. 32, Sched. C, s. 34 (2).
Separate nomination for each person
(3) Each person to be nominated for election to an office shall be nominated by a separate nomination. 1996, c. 32, Sched., s. 29 (3).
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