TRANSITIONAL MATTERS RELATING TO THE MUNICIPAL ELECTIONS MODERNIZATION ACT, 2016

Application 1. This Regulation applies in respect of a by-election if one of the following events occurred before the day the Municipal Elections Modernization Act, 2016 received Royal Assent: 1. The by-election was ordered by a court and either the appeal period has expired with no appeal being filed or, if an appeal was filed, it is finally disposed of. 2. The council of a municipality has passed a by-law indicating the by-election is required. 3. If the by-election is conducted for one municipality by a clerk from a different municipality, that clerk received a copy of the by-law passed by the council of the first municipality indicating the by-election is required. 4. The local board has passed a resolution indicating the by-election is required and the clerk responsible for conducting the by-election has received a copy of the resolution. 5. The Minister has made an order under subsection 266 (1) of the Municipal Act, 2001 or subsection 211 (1) of the City of Toronto Act, 2006 declaring all of the offices of the members of the council to be vacant. 6. The by-election was required under clause 39 (b) of the Act. Transition 2. (1) Subject to subsections (2) to (5), the by-election shall be conducted in accordance with the Act as it read immediately before the Municipal Elections Modernization Act, 2016 received Royal Assent. (2) The following provisions of the Act, as amended by the Municipal Elections Modernization Act, 2016, apply to the by-election: 1. Subsection 19 (7). 2. Subsection 24 (2). 3. Subsection 27 (2). 4. Subsection 33 (4.1). 5. Subsection 42 (6). 6. Subsection 45 (4). 7. Subsection 49 (3). 8. Subsections 88.33 (5) and (6). 9. Clause 90 (3) (f). 10. Section 94. (3) For the purposes of paragraph 4 of subsection 2 (3) of the Act, a person’s affidavit or declaration regarding the places to which he or she returned to eat or sleep during a given time period is conclusive, in the absence of evidence to the contrary. (4) For the purposes of subclause 39 (a) (ii) of the Act, the clerk shall cause notice of the candidate’s death or ineligibility to be posted in every voting place or shall otherwise make the notice available to the public in every voting place. (5) The penalties set out in subsection 80 (2) of the Act for a default described in subsection 80 (1) of the Act do not take effect if, no later than 2 p.m. on the day that is 30 days after the applicable day for filing the relevant document, the candidate files the document as required under section 78 or 79.1 of the Act and pays a late filing fee of $500. 3. Omitted (provides for coming into force of provisions of this Regulation).