Committee of the Whole · July 03, 2024 · Item 10.3
Call upon on the Minister of Municipal Affairs and Housing to bring forward amendments to the Municipal Elections Act that would remove the requirement for street…
Main motion under the agenda item A Motion to Call on the Government of Ontario to Amend the Municipal Elections Act
Carried (12 to 0)
12 in favour, 0 against — unanimous
What was voted on
The motion in its exact words, as recorded in the minutes.
That the Council of the City of Guelph call upon on the Minister of Municipal Affairs and Housing to bring forward amendments to the Municipal Elections Act that would remove the requirement for street name, number and postal codes to be listed on publicly available online forms and, that for verification purposes and campaign finance clarity, the addresses of all candidates and all donors over $100 be submitted to the municipal clerk on separate forms that are only available for inspection in-person at a municipal facility. That this resolution be forwarded to the Honourable Paul Calandra, Minister of Municipal Affairs and Housing, MPP Mike Schreiner, the Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO), the Association of Municipalities of Ontario (AMO), the Ontario Public School Boards' Association (OPSBA), the Ontario Catholic School Trustees' Association (OCSTA), l’Association des conseils scolaires des écoles publiques de l’Ontario (ACEPO), and l’Association franco-ontarienne des conseils scolaires catholiques (AFOCSC).
Moved by Councillor O'Rourke, seconded by Councillor Goller.
How the room voted
In favour (12)
- Allt
- Billings
- Busuttil
- Caron
- Caton
- Chew
- Downer
- Goller
- Guthrie
- Klassen
- O'Rourke
- Richardson
Who spoke to it
Councillor O'Rourke spoke regarding this item.
What was said
1,711 words from the meeting recording, transcribed automatically. Times are from the start of the recording.
Read the debate(click to open)
4:38:53The motion to call on the government of Ontario
4:38:56to amend the Municipal Elections Act.
4:38:58Councillor O'Rourke has brought this to our attention.
4:39:01And at this time, as I normally do,
4:39:04I would like to give the floor to the mover.
4:39:09Pardon?
4:39:12OK, sure.
4:39:13So it looks like it's going to be moved by Councillor O'Rourke.
4:39:16I think it's going to be moved by Councillor O'Rourke.
4:39:19But I would love it for it to come up on the screen,
4:39:22if you don't mind.
4:39:28And I'm going to turn the floor over to Councillor O'Rourke.
4:39:34And I just could allow her a few minutes just
4:39:37to give some context to why it's here, why she thinks
4:39:40it's important.
4:39:42And then we can get into any questions if necessary
4:39:44and call the vote.
4:39:45OK, Councillor O'Rourke, over to you.
4:39:47Thank you, Mayor Guthrie.
4:39:48So there is a gap between the privacy protections
4:39:53for people who donate to a municipal campaign
4:39:56and those who donate provincially or federally.
4:39:59And so this motion seeks to provide
4:40:02the same privacy considerations with respect
4:40:05to a donor's home address.
4:40:07So the Municipal Elections Act requires all candidates
4:40:10who filed nomination paperwork with the municipal clerk
4:40:13to file their financial statement.
4:40:15And that statutory form requires candidates
4:40:19to list the name and home address of any donor
4:40:22contributing over $100.
4:40:24The Municipal Elections Act further specifies
4:40:28that these documents are public records
4:40:30and requires the municipal clerk to make that form for available
4:40:34on the website without modification.
4:40:37So whatever we fill out on that form
4:40:40must be available online without any sort of editing.
4:40:45However, Elections Canada and Elections Ontario amend
4:40:50or remove the person's street address.
4:40:56And Elections Canada says under the Privacy Act,
4:40:59the information provided on the website
4:41:01is reduced to include just the city, province, and postal
4:41:04code, so the person's home address is not listed.
4:41:07It can meet all the residency requirements.
4:41:11The clerks can verify all the limitations
4:41:14and the constraints, but the person's home address
4:41:16is not available online.
4:41:18In Ontario, the Election Finances Act
4:41:22prohibits the publication of the addresses of contributors
4:41:25on the internet, but it's still possible to view the full address
4:41:29in person at Elections Ontario.
4:41:32And so there's a disconnect between the publication
4:41:34of a donor's home address at the municipal and school board
4:41:37level and at the federal and provincial levels.
4:41:41So there are reasons why people may then not
4:41:44want to donate to a municipal campaign, which
4:41:47is a really important form of local democracy.
4:41:49It's helpful to pay for the signs and the brochures
4:41:52and all those important things.
4:41:54But people may want to protect their privacy.
4:41:56They may have a concern for their personal safety
4:41:58based on their occupation, so somebody in law enforcement
4:42:01or counseling or any other occupations.
4:42:05And there could also be personal safety in cases
4:42:08where people are estranged.
4:42:09So a friend made a donation, but they're estranged
4:42:11from their partner.
4:42:12They may not want their home address listed there.
4:42:15So we are also seeing all kinds of harassment
4:42:20of elected officials, and it's not
4:42:22a stretch to imagine that it could extend to your supporters.
4:42:26And there is an ever-hardening tone out there in the community.
4:42:31We have all seen the news reports about that.
4:42:34There are currently no tax deductions for donations
4:42:36to municipal and school board candidates.
4:42:38In Ontario, this level of government
4:42:40is the only one where donors are required
4:42:42to have their home address published and searchable
4:42:44on the internet.
4:42:46So the intent of the motion is to strengthen participation
4:42:48in municipal and school board election processes
4:42:51by just removing that potential disincentive.
4:42:54It's to align municipal election privacy protections
4:42:56for donors with those available at the provincial and federal
4:43:00levels.
4:43:01And as is the case for provincial elections,
4:43:04we still maintain the transparency.
4:43:07We still validate the donor's residency requirement
4:43:09and their maximum contribution.
4:43:11And in alignment with elections on Ontario,
4:43:14there can be a process to view the unredacted version,
4:43:17including home address in person at City Hall.
4:43:21So I have consulted with the City Clerk's Office.
4:43:23They believe it's possible to create a process that would not
4:43:26create an undue administrative burden that
4:43:28would allow them to verify all those requirements
4:43:31and still provide the additional transparency upon request.
4:43:36In fact, our Clerk's Office already
4:43:37redacts the home address of people
4:43:39who submit any correspondence to council on any agenda item.
4:43:43So I will skip all of the details around what
4:43:48other municipalities are doing in terms of home security
4:43:51for people who are elected and that type of thing.
4:43:54I will let you know that I have consulted or have reached out
4:43:58to the four school boards.
4:43:59And I know that all of the three have responded.
4:44:02All of them were supportive of the motion.
4:44:04And I appreciate the recommendation
4:44:06that I do that because the school boards are included
4:44:09in our municipal election process.
4:44:12So that is the rationale for the motion.
4:44:15And I appreciate that Councillor Goller has seconded.
4:44:19Questions at Councillor Busuttil then Koran.
4:44:23Thank you very much.
4:44:25And through the mayor, and I did speak to clerks earlier today.
4:44:28My understanding is that this information,
4:44:30personal information on donors would not be published
4:44:33on the website.
4:44:35However, it would be available in the Clerk's Office.
4:44:37And so my question is, if I'm the media or I am an individual who
4:44:42wants access to that information,
4:44:44are there any repercussions or barriers
4:44:48to sharing that publicly, whether it's a developer
4:44:54or whoever, that information?
4:44:57Through you, Mr. Mayor, to Councillor Busuttil.
4:44:58Just to be clear, the change here would require a change
4:45:01to the municipal elections act.
4:45:02So if that change were made, I think
4:45:05there's a number of ways that we could communicate to the public
4:45:08how to access those forms in person at City Hall
4:45:10if they needed to.
4:45:11We don't have a set process for that in place right now.
4:45:13But I think there's a number of ways
4:45:14that we could do it, accessibility and transparently.
4:45:18And the second question is, if I come,
4:45:20if I were to come to City Clerk's Office,
4:45:22my assumption would be that there would be some kind of controls
4:45:25in there that says this is not for you to take photos
4:45:28and circulate on your social media.
4:45:31Or like there has to be still some accountability
4:45:35to the media and to everyone else about where my donors, which
4:45:39I didn't get any donors, come from.
4:45:43Through you, Mr. Mayor, to Councillor Busuttil.
4:45:45Absolutely, I agree in principle.
4:45:47We would be beholden to whatever was updated or amended
4:45:50in the municipal elections act.
4:45:52But if it were up to us, I think what you've described
4:45:54is reasonable.
4:45:55Thank you very much.
4:45:58Thank you, Koran.
4:45:59Please.
4:46:00Yes, thank you.
4:46:01And thank you to Councillor Orwork.
4:46:02I have not thought about this gap in policy
4:46:06until this past election.
4:46:07And as you have mentioned, the heightened political climate
4:46:11that we live in, I think this is both timely
4:46:15for the safety and security of members of those who are elected,
4:46:18but also their supporters.
4:46:21And I really think I'm really proud that Guelph
4:46:24is taking a leadership role and that you've brought this forward.
4:46:27My question is whether or not AMCTO, I guess
4:46:31it's for the clerk's office, has this
4:46:35been talked about in professional associations?
4:46:39We can't be alone in calling for this legislative change.
4:46:45Through you, Mr. Mayor, to Councillor Caron,
4:46:48to the best of my knowledge, this
4:46:50has not come up in any AMCTO municipal election act requests.
4:46:54Of course, I'm not there for all of those discussions.
4:46:57It's not an issue that I've heard raised
4:46:59through the association to date.
4:47:01And that's a surprise.
4:47:02So I'm so glad Guelph is taking leadership role.
4:47:06Thank you.
4:47:06Is there anything further other than I'll just go back
4:47:09to the mover one more time?
4:47:12OK.
4:47:12Did you want to have some closing comments?
4:47:15Well, I would just follow up, Mayor Guthrie,
4:47:17to Mr. McMahon's comment.
4:47:21So when I worked on the original draft of the motion
4:47:25and the backgrounder, the city clerk
4:47:28did confirm that there had been some conversations about this,
4:47:31that there was a lot that needed to be updated
4:47:33in the Municipal Elections Act, and that there
4:47:35had been conversation about this.
4:47:37And while I appreciate the tag of leader,
4:47:40the Waterloo Regional Council passed a similar motion
4:47:43in April of last year.
4:47:45But I think it is something that municipalities
4:47:47need to be talking about.
4:47:51Thank you.
4:47:53Well, with that, we can still give credit
4:47:55to you for the leadership of you bringing it forward.
4:47:57So that's fine.
4:47:58We'll do that.
4:47:59I think it's great, and it makes sense.
4:48:01So it's easy.
4:48:04I'll call the vote then, everybody.
4:48:05Is anyone against?
4:48:07Nobody.
4:48:08Congratulations.
4:48:09It's good to have unanimous vote on that.
4:48:10Perfect.
4:48:12OK.
4:48:13Announcements.
4:48:15Is there any staff announcements first from anybody?
4:48:19No?
4:48:20OK.
4:48:21I only have one announcement.
4:48:22It's probably the most important announcement
4:48:24I've ever made in my life.
4:48:26Council wants to congratulate Councillor Chew
4:48:30on getting married.
4:48:33Is it next week?
4:48:35Turn on your mic.
4:48:36Tell everybody.
4:48:37Oh, well, I didn't know we were making a public announcement.
4:48:41Tell everyone where your GIF registry is.
4:48:43Yeah.
4:48:44Well, I mean, under $100, right?
4:48:50Hey, we just passed a lobbyist registry.
4:48:53300.
4:48:54Yeah, yeah, yeah.
4:48:56Nova, I think just on that note, thank you so much
4:48:58for your friendship and continued support.
4:49:03It's been a blast being on council so far,
4:49:04and I think I'm very encouraged by the tenor of our conversation
4:49:08so far, and I hope we can keep it up.
4:49:12OK.
4:49:12Great.
4:49:13Thank you.
4:49:14Well, we want to wish you all the best, OK?
4:49:17And if you want to have a really great time,
4:49:20go far away and don't come back to council on your Honeymans.
4:49:24I'm sure it'll be great.
4:49:27Dylan, did you have something to say?
4:49:28Are you marrying?
4:49:30No?
4:49:30Through you, Mr. Mayor, this is not about marriage.
4:49:32All right, go ahead.
4:49:33I want to set the record straight on my previous answer
4:49:35because I've pulled up some documentation from AMCTO
4:49:39from earlier this year, and there
Automatic transcription is imperfect. Treat quotes as a guide and check the recording before relying on exact wording.
Everything on this page comes from the City of Guelph’s published record. Nothing here is a summary or an interpretation.